A  FURTHER  SUPPLEMENT 

TO  AN  ACT  ENTITLED 

'  4’i  /  h'\  •  ) 

AN  ACT  TO  INCORPORATE 

THE 

CITY  OF  PHILADELPHIA, 


PASSED  JANUARY  31,  1854; 

WITH 

FURTHER  ACTS 

•CONSTRUING  AND  ALTERING  THE  SAME; 

Passed  respectively  April  24, 1854,  March  30,  and  April  21,  1855. 


CERTIFIED  FROM  THE  ORIGINAL  RECORDS  IN  THE  OFFICE  OF  THE 
SECRETARY  OF  THE  COMMONWEALTH. 


PHILADELPHIA : 

CRISSY  &  MARKLEY,  PRINTERS,  GOLDSMITHS  HALL,  LIBRARY  STREET. 

1^5*5. 


3SSL.6WI 

'PS'?*- 

\<?SA-5S' 


INDEX. 


.  5^ O 

L 

O 

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Qs 

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o 


Section.  Page. 

1.  Corporate  name  and  boundaries  of  the  City  of  Philadelphia,  -  5 

2.  Boundaries  of  the  Wards,  -  5-8 

3.  Boundaries  of  the  Election  Divisions,  9 

OF  PUBLIC  OFFICEBS. 

4.  The  Councils,  -  -  -  -  -  -  9,  10 

5.  Their  Organization,  -----  10 

6.  Its  Effect,  -  -  -  -  -  -  11,  12 

7.  Mayor,  -  -  -  -  -  -  -  12,  13 

8.  Marshal  of  Police,  -  -  -  -  -  13,  14 

9.  Appointment  of  Policemen,  Watchmen,  &c.,  -  -  14 

10.  City  Treasurer,  -  -  -  -  -  -  15,  16 

11.  Receiver  of  Taxes,  ------  16-18 

12.  City  Controller,  -  18,  19 

13.  City  Commissioner,  -----  19 

14.  Supervisors,  -  -  -  -  -  -  19,  20 

15.  City  Solicitor,  ------  20 

16.  Board  of  Health,  -----  20,  21 

17.  Assessors,  -  -  -  -  -  -  -  21,  22 

18.  Guardians  of  the  Poor,  -  -  -  -  -  22,  23 

19.  Their  Organization,  -----  23,  24 

20.  Directors  of  Public  Schools,  -  24 

21.  Their  Organization,  -  24,  25 

22.  Controllers  of  Public  Schools,  -  -  -  -  25,  26 

23.  Vests  Estate  in  City,  &c.,  -  -  -  ,  -  26 

24.  Aldermen,  ------  26,  27 

25.  Members  of  Congress,  of  the  Senate  and  Assembly,  -  27 

26.  Constables,  -  -  -  -  -  -  27,  28 

27.  Surveyors  and  Regulators,  -----  28,  29 

28.  Port  Wardens,  ------  29 


4 


Section.  Page. 

ELECTION^. 

29.  Duties  of  Sheriff  and  County  Commissioners,  -  -  29,  30 

30.  Opening  and  Closing,  &c.,  -  30 

31.  Regulates  first  election  as  to  Officers,  -  -  -  30,  31 

32.  Provides  for  immediate  means  of  information  of  results  of  Elections,  31 

33.  Returns  of  Election,  -----  32 

34.  Manner  of  making  out  Returns,  -  -  -  -  32,  33 

35.  Of  Contesting  the  Election,  -  33,  34 

36.  Extends  terms  of  Officers  till  June  Election,  34 

GENERAL  PROVISIONS. 

37.  Vests  Estates  of  Districts,  &c.,  in  city,  -  34 

38.  Public  Debt,  Interest  thereon,  Loans,  &c.,  -  -  -  34,  35 

39.  Fiscal  year  and  Estimates  of  Guardians  of  Poor,  &c.,  -  35-37 

40.  Paving,  &c.,  ------  37 

41.  Powers  of  County  Commissioners  and  County  Board  vested  in  city, &c.,  37 

42.  Police  and  Fire  Department,  37 

43.  Office  of  Tax  Collector  abolished,  ...  38 

44.  Existing  Laws  continued  until  repealed,  38 

45.  Of  Impeachment  and  Removal  from  Office,  -  39 

46.  Compensation  of  Officers,  and  filling  vacancies,  -  -  39 

47.  Salaries  not  to  be  increased  or  reduced  during  term  of  Office,  39 

48.  Incompatible  Offices,  *  -  -  -  39 

49.  Surety  and  Oath  of  Office,  -  -  -  -  40 

50.  Councils  to  regulate  Departments,  40 

51.  No  Officer,  Clerk,  &c.,  to  be  interested  in  Contracts,  -  41 

52.  Councils  and  other  bodies  to  sit  with  open  doors,  41 

53.  Railroad  subscriptions  to  be  binding,  -  -  -  41 

Secretary’s  Certificate,  -  -  •  -  -  42 

An  Act  construing  the  Act  of  Consolidation,  -  43 

An  Act  to  authorize  the  Corporation  of  the  City  of 

Philadelphia  to  make  temporary  loans,  -  -  44 

A  Supplement  to  the  Act  consolidating  the  City  of 

Philadelphia,  -  -  -  -  -  -  45 


A 


FURTHER  SUPPLEMENT 


TO  AN  ACT  ENTITLED 


‘AN  ACT  TO  INCORPORATE  THE  CITY  OF  PHILADELPHIA,’ 


Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  Commonwealth  of  P ennsylvania 
in  General  Assembly  met ,  and  it  is  hereby  enacted  by  the 
authority  of  the  same ,  That  the  corporate  name  of  the 
Mayor,  Aldermen  aLnd  Citizens  of  Philadelphia  shall  he 
changed  to  “  The  City  of  Philadelphia,”  and  the  bounda¬ 
ries  of  the  said  city  shall  be  extended  so  as  to  embrace 
the  whole  of  the  territory  of  the  county  of  Philadelphia, 
and  all  the  powers  of  the  said  corporation,  as  enlarged 
and  modified  by  this  act,  shall  be  exercised  and  have 
effect  within  the  said  county  and  over  the  inhabitants 
thereof. 

Sect.  2.  And  be  it  further  enacted  by  the  authority 
aforesaid ,  That  the  said  city  shall  be  divided  into  wards, 
as  follows,  to  wit : 

First  Ward. — That  part  thereof  bounded  as  follows  : 
beginning  at  Wharton  street  and  the  river  Delaware ; 
thence  along  Wharton  street  to  the  Passyunk  road ;  thence 
along  the  Passyunk  road  to  Little  Washington  street ; 
thence  along  Washington  to  Broad  street ;  thence  along 
Broad  street  to  South  street :  thence  along  South  street 
to  the  river  Schuylkill ;  thence  along  the  river  Schuylkill 


Corporation 
of  “the  City  of 
Philadelphia,” 
established. 


Divided  into 
wards, 


Wards. 


6 


wards,  to  its  junction  with  the  river  Delaware ;  thence  along  the 
river  Delaware  to  the  place  of  beginning,  together  with 
League  Island. 

Second  Ward. — That  part  thereof  lying  between  Broad 
street  and  the  river  Delaware,  and  between  the  lines  of 
aforesaid  First  ward  and  Christian  street. 

Third  Ward. — That  part  thereof  lying  between  Broad 
street  and  the  river  Delaware,  and  between  Christian 
street  on  the  south,  and  Fitzwater,  German,  Mead,  and 
Catharine  streets  on  the  north. 

Fourth  Ward. — That  part  thereof  lying  between  Broad 
street  and  the  river  Delaware,  and  between  the  north  line 
of  aforesaid  Third  ward  and  South  street. 

Fifth  Ward. — That  part  thereof  lying  between  Seventh 
street  and  the  river  Delaware,  and  between  South  street 
and  Chestnut  street,  including  Windmill  Island. 

Sixth  Ward. — That  part  thereof  lying  between  Seventh 
street  and  the  river  Delaware,  and  between  Chestnut 
street  and  Vine  street. 

Seventh  Ward. — That  part  thereof  lying  between 
Seventh  street  and  the  river  Schuylkill,  and  between 
South  street  and  Spruce  street. 

.Eighth  Ward. — That  part  thereof  lying  between 
Seventh  street  and  the  river  Schuylkill,  and  between 
Spruce  street  and  Chestnut  street. 

Ninth  Ward. — That  part  thereof  lying  between  Seventh 
street  and  the  river  Schuylkill,  and  between  Chestnut 
street  and  Arch  street. 

Tenth  Ward. — That  part  thereof  lying  between  Seventh 
street  and  the  river  Schuylkill,  and  between  Arch  street 
and  Vine  street. 

Eleventh  Ward. — That  part  thereof  lying  between 
Third  street  and  the  river  Delaware,  and  between  Vine 
street  and  Poplar  street. 

Twelfth  Ward. — That  part  thereof  lying  between  Sixth 
street  and  Third  street,  and  between  Vine  street  and  Pop¬ 
lar  street. 

Thirteenth  Ward. — That  part  thereof  lying  between 
Sixth  street  and  Tenth  street,  and  between  Vine  street 
and  Poplar  street. 

Fourteenth  Ward. — That  part  thereof  lying  between 
Tenth  street  and  Broad  street,  and  between  Vine  street 
and  Poplar  street. 

Fifteenth  Ward. — That  part  thereof  lying  between 


4 


7 


Broad  street  and  the  river  Schuylkill,  and  between  Vine 
street  and  Poplar  street. 

Sixteenth  Ward. — That  part  thereof  bounded  as  followTs: 
beginning  at  Maiden  street  and  the  river  Delaware ;  thence 
along  Maiden  street  to  the  Frankford  road ;  thence  along 
the  Frankford  road  to  Franklin  avenue;  thence  along 
Franklin  avenue  to  Sixth  street ;  thence  along  Sixth  street 
to  Poplar  street ;  thence  along  Poplar  street  to  the  river 
Delaware;  thence  along  the  river  Delaware  to  the  place 
of  beginning. 

Seventeenth  Ward. — That  part  thereof  bounded  on  the 
north  by  Oxford  street,  on  the  east  by  the  Frankford  road, 
on  the  south  by  Franklin  avenue,  and  on  the  west  by 
Sixth  street. 

Eighteenth  Ward. — That  part  thereof  bounded  as 
follows :  beginning  at  Maiden  street  and  the  Delaware 
river;  thence  along  Maiden  street  to  the  Frankford  road ; 
thence  along  the  Frankford  road  to  Norris  street;  thence 
along  Norris  street  to  the  river  Delaware ;  thence  along 
the  river  Delaware  to  the  place  of  beginning. 

Nineteenth  Ward. — That  part  thereof  bounded  as 
follows:  beginning  at  Norris  street  and  the  Delaware 
river  ;  thence  along  Norris  street  to  the  Frankford  road  ; 
thence  along  the  Frankford  road  to  Oxford  street ;  thence 
along  Oxford  street  to  Sixth  street ;  thence  along  Sixth 
street  to  Lehigh  avenue  ;  thence  along  Lehigh  avenue  to 
the  Frankford  road;  thence  along  the  Frankford  road  to 
Westmoreland  street;  thence  along  Westmoreland  street 
to  the  Point  road ;  thence  along  the  Point  road  to  the 
north-east  boundary  of  the  district  of  Richmond  ;  thence 
along  the  same  to  the  river  Delaware ;  thence  along  the 
river  Delaware  to  the  place  of  beginning. 

Twentieth  Ward. — That  part  thereof  bounded  as 
follows  :  beginning  at  Poplar  street  and  the  river  Schuyl¬ 
kill  ;  thence  along  the  said  Poplar  street  to  Sixth  street ; 
thence  along  the  said  Sixth  street  to  Susquehanna  avenue  ; 
thence  along  the  said  Susquehanna  avenue  to  Eleventh 
street ;  thence  along  the  said  Eleventh  street  to  Mont¬ 
gomery  street,  thence  along  the  said  Montgomery  street 
to  the  river  Schuylkill ;  thence  along  the  same  to  the 
place  of  beginning. 

Twenty-first  Ward. — That  part  thereof  lying  within 
the  present  bounds  of  the  borough  of  Manayunk  and  the 
townships  of  Roxborough  and  Penn ;  and  the  southern 


Wards. 


8 


wards,  "boundary  thereof,  shall  he  as  follows :  beginning  at  Mont¬ 
gomery  street  and  the  river  Schuylkill ;  thence  along 
Montgomery  street  to  Eleventh  street ;  thence  along 
Eleventh  street  to  Susquehanna  avenue;  thence  along 
Susquehanna  avenue  to  the  Germantown  road. 

Twenty-second  Ward. — That  part  thereof  lying  within 
the  present  bounds  of  the  townships  of  Germantown  and 
Bristol,  and  the  borough  of  Germantown. 

Twenty-third  Ward. — That  part  thereof  including  all 
the  remainder  of  the  present  county  of  Philadelphia,  east 
of  the  river  Schuylkill.  The  said  ward  shall  be  entitled 
to  elect  four  members  of  the  Common  Council  by  separate 
tickets,  as  follows  :  One  member  shall  be  elected  by  the 
qualified  voters  residing  within  the  present  limits  of  the 
townships  of  Delaware,  Moreland,  and  Byberry;  one 
member  by  the  qualified  voters  residing  within  the  present 
limits  of  the  townships  of  Oxford  and  Lower  Dublin ;  one 
member  by  the  qualified  voters  residing  within  the  present 
limits  of  the  borough  of  Erankford  and  Whitehall;  and 
one  member  by  the  qualified  voters  residing  in  the  re¬ 
mainder  of  said  ward. 

Tiventy -fourth  Ward. — That  part  of  the  county  of 
Philadelphia  lying  west  of  the  river  Schuylkill. 

Provided ,  That  whenever  a  street,  road,  avenue,  or 
Boundary  lines,  river  is  named  as  a  boundary  in  this  section,  the  centre 
thereof  shall  be  understood.  Each  of  said  wards,  with 
the  exception  of  the  Seventeenth  and  Twenty-third,  shall, 
Number  of  at  the  Municipal  Election  in  1854,  elect  three  members 
wa^raL  of  the  Common  Council.  The  Seventeenth  Ward  shall, 
at  said  election,  elect  four  members  by  general  ticket ; 
and  the  Twenty-third  Ward  shall,  at  said  election,  elect 
four  members  as  hereinbefore  provided.  The  qualified 
■  voters  of  each  of  the  aforesaid  wards  in  the  said  city  shall, 
at  the  municipal  elections  in  the  said  city,  in  the  year 
Counciimeniu  1855,  and  annually  thereafter,  be  entitled  to  elect  one 
after. aa  1  txt  member  of  the  Common  Council  for  every  twelve  hundred 
taxable  inhabitants,  and  one  for  every  fraction  of  six 
hundred  or  more  of  such  taxables  of  said  ward,  according 
to  the  enumeration  of  taxables  made  in  the  preceding  year. 

Provided ,  That  no  ward  shall  have  less  than  three  Corn- 
Duty  of  sheriff  m  on  Councilmen.  And  it  shall  be  the  duty  of  the  sheriff 
tion^fComSon  of  the  county  of  Philadelphia,  in  his  proclamation  for  every 
councilmen.  municipal  election  in  the  year  1855,  and  thereafter,  to 
state  the  number  of  members  of  the  Common  Council 


9 


which  the  qualified  voters  of  each  of  the  said  wards  shall 
be  entitled  to  elect  as  aforesaid. 

Sect.  3.  And  be  it  further  enacted  by  the  authority 
aforesaid ,  That  on  or  before  the  first  Monday  in  May, 
one  thousand  eight  hundred  and  fifty-four,  the  Commis¬ 
sioners  of  the  county  of  Philadelphia  (and  thereafter  the 
City  Councils)  shall  lay  out  and  establish  a  sufficient 
number,  not  less  than  six,  election  divisions  in  each  of  the 
wards  established  by  the  second  section  of  this  act,  which 
divisions  shall  be,  whenever  practicable,  bounded  on  all 
sides  by  streets,  lanes,  roads,  alleys,  avenues,  streams  of 
water,  or  by  one  of  the  boundary  lines  of  said  city,  and 
shall  be  as  nearly  equal  in  number  of  taxable  inhabitants 
as  such  boundaries  will  admit  of,  and  shall  be  numbered 
respectively  one,  two,  three,  four,  and  so  on.  The  said 
Commissioners  and  the  said  Councils,  when  they  establish 
the  same,  shall  make  an  accurate  description  thereof,  and 
cause  it  to  be  published  in  one  or  more  of  the  daily  papers  of 
the  city  of  Philadelphia,  and  shall  file  a  copy  of  such 
description  in  the  office  of  the  Clerk  of  the  Court  of 
Quarter  Sessions  of  the  county  of  Philadelphia,  to  be  and 
remain  on  record  in  said  office ;  and  if,  at  any  election 
thereafter,  there  shall  be  more  than  four  hundred  votes 
polled  in  any  of  the  said  divisions,  then  at  some  period  at 
least  forty  days  previous  to  the  next  succeeding  election, 
the  City  Councils  shall  re-arrange  the  divisions  of  the 
wards  wherein  such  vote  has  been  polled,  and  increase  the 
number  thereof  if  necessary. 

Sect.  4.  And  be  it  further  enacted  by  the  authority 
aforesaid ,  That  the  legislative  powers  of  the  said  city 
shall  be  vested  in  two  bodies,  to  be  called  the  Select  and 
Common  Councils ;  the  Select  Council  shall  consist  of  one 
member  from  each  ward,  who  shall  have  the  same  qualifi¬ 
cations  as  are  required  by  the  Constitution  of  this  Com¬ 
monwealth  for  members  of  the  Senate,  and  shall  be  elected 
as  follows,  to  wit :  on  the  first  Tuesday  in  June,  1854,  the 
qualified  voters  of  the  First,  Third,  Fifth,  Seventh,  Ninth, 
Eleventh,  Thirteenth,  Fifteenth,  Seventeenth,  Nineteenth, 
Twenty-first,  and  Twenty-third  Wards  respectively,  shall 
elect  one  member  to  serve  until  the  Monday  succeeding 
the  first  Tuesday  of  May,  1855  ;  and  on  the  first  Tuesday 
in  June,  1854,  and  in  the  same  manner,  the  qualified 
voters  of  the  Second,  Fourth,  Sixth,  Eighth,  Tenth, 
Twelfth,  Fourteenth,  Sixteenth,  Eighteenth,  Twentieth, 


Election 
Divisions  of  the 
wards, how  fixed 


Legislative 
powers  vested  in 
Select  and  Com¬ 
mon  Councils. 

Select  Coun¬ 
cil,  qualification 
of  members. 


10 


Twenty-second,  and  Twenty-fourth  Wards  respectively, 
shall  elect  one  member  to  serve  until  10  o’clock  on  the 
Monday  succeeding  the  first  Tuesday  of  May,  1856 ;  and 
annually,  thereafter,  on  the  first  Tuesday  in  May,  the 
qualified  voters  of  each  ward  in  which  there  shall  be  a 
vacancy,  shall  elect  one  member  qualified  as  aforesaid,  to 
common Coun-  serve  for  two  years.  The  members  of  the  Common 
ofmembersatl°n  Council  shall  have  the  same  qualifications  as  are  required 
by  the  Constitution  of  this  Commonwealth  for  members 
of  the  House  of  Representatives,  and  shall  be  elected  as 
follows,  to  wit:  on  the  first  Tuesday  in  June,  1854,  the 
first  election  of  members  of  said  Common  Council  shall  be 
held,  and  the  person  then  elected  shall  serve  until  10 
o’clock  on  the  Monday  succeeding  the  first  Tuesday  in 
May,  1855,  and  on  the  first  Tuesday  in  May,  1855,  and 
annually  thereafter  on  the  first  Tuesday  of  May,  the 
members  of  the  said  Common  Council  shall  be  elected  and 
serve  until  10  o’clock  on  the  Monday  succeeding  the  first 
Proviso.  Tuesday  in  May  ensuing  their  election.  Provided ,  That 
no  member  of  the  State  Legislature,  nor  any  one  holding 
office  or  employment  from  or  under  the  State  at  the  time 
of  said  election,  shall  be  eligible  as  a  member  of  said 
Councils ;  nor  shall  any  member  of  said  Councils,  during 
the  term  for  which  he  shall  be  elected,  hold  any  office  or 
employment  herein  created  or  provided  for  of  a  municipal 
character. 

Sect.  5.  And  be  it  further  enacted  by  the  authority 
Organization  aforesaid ,  That  the  members  of  the  Select  and  Common 
of  officeTdecfa  Councils  elected  on  the  first  Tuesday  in  June,  1854,  shall 
otherdomcerSa!nd  meet  at  the  City  Hall,  in  said  city,  at  10  o’clock  in  the 
forenoon  of  the  Monday  succeeding  their  election,  and 
shall  then  and  there  organize  in  separate  chambers ;  the 
members  of  each  Council  shall  each  be  sworn  or  affirmed 
to  support  the  Constitution  of  the  United  States  and  of 
the  Commonwealth  of  Pennsylvania,  and  that  they  will 
discharge  the  duties  of  their  office  with  fidelity;  each 
Council  shall  elect  a  President  and  such  other  officers  as 
may  be  deemed  necessary  for  the  transaction  of  business, 
and  shall  keep  a  journal  of  its  proceedings,  which  shall  be 
at  all  times  open  to  public  inspection  ;  and  on  the  Monday 
succeeding  the  first  Tuesday  in  May,  in  each  year  there¬ 
after,  the  members  of  the  Councils  elect  shall  meet  as  afore¬ 
said  with  those  whose  terms  have  not  expired,  and  shall 
take  the  oath  of  office  and  enter  upon  the  duties  thereof. 


11 


Sect.  6.  And  be  it  further  enacted  by  the  authority 
aforesaid ,  That  upon  the  first  organization  of  the  Councils  Rightsve8ted 
provided  for  in  the  preceding  section,  the  city  of  Phila-  m  new  corP°ra- 
delphia,  as  established  by  this  act,  shall  be  vested  with  all 
the  powers,  rights,  privileges,  and  immunities,  incident  to 
a  municipal  corporation,  and  necessary  for  the  proper 
government  of  the  same,  and  those  of  the  present  corpora¬ 
tion  of  the  Mayor,  Aldermen  and  Citizens  of  Philadelphia; 
and  upon  the  said  organization  of  Councils,  and  upon 
proclamation  made  by  the  Mayor  by  direction  of  the  said  Mayor  to 
City  Councils,  fixing  a  day  therefor  not  exceeding  sixty  ™0?efixingTay 
days  after  the  first  Tuesday  in  J uly  then  next,  all  the 
powers,  rights,  privileges,  and  immunities  possessed  and  shall  cease, 
enjoyed  by  the  following  corporations  respectively,  and  of 
all  officers  under  them,  to  wit :  the  Commissioners  and 
inhabitants  of  the  district  of  Southwark ;  the  Commis¬ 
sioners  and  inhabitants  of  the  incorporated  district  of  the 
Northern  Liberties  ;  the  Commissioners  and  inhabitants  of 
the  Kensington  district ;  the  Commissioners  and  inhabi¬ 
tants  of  the  district  of  Spring  Garden;  the  Commissioners 
and  inhabitants  of  the  district  of  Moyamensing  ;  the  Com¬ 
missioners  and  inhabitants  of  the  district  of  Penn ;  the 
Commissioners  and  inhabitants  of  the  district  of  Richmond, 
in  the  county  of  Philadelphia,  and  of  the  districts  of  West 
Philadelphia  and  Belmont,  of  the  boroughs  of  Manayunk, 
Germantown,  Frankford,  Whitehall,  Bridesburg,  and  Ara- 
mingo,  and  of  the  townships  of  Passyunk,  Kingsessing, 

Blockley,  Roxborough,  Germantown,  Bristol,  Oxford, 

Lower  Dublin,  Moreland,  Byberry,  Northern  Liberties, 

Delaware,  and  Penn ;  also  of  the  Board  of  Police  and  of 
the  Police  District,  the  present  Mayor  and  Councilmen 
of  the  city  of  Philadelphia;  the  Commissioners  of  the 
county  of  Philadelphia ;  the  Treasurer  and  Auditors 
thereof ;  the  County  Board ;  the  Commissioners  of  the 
Sinking  Fund,  and  the  Supervisors  of  townships,  shall  cease 
and  terminate,  except  so  much  thereof  as  may  be  necessary 
to  enable  the  city  of  Philadelphia,  as  established  by  this  act, 
to  collect  the  outstanding  debts,  and  make  a  full  and  com¬ 
plete  settlement  of  the  affairs  thereof :  Provided ,  That  all  Proviso# 
Treasurers,  Police  and  other  officers,  of  the  aforesaid  officers  of 
corporations,  county  and  townships,  shall  continue  to  poraKiT  To' 
discharge  the  duties  of  their  respective  offices  until  super-  continue  to  dis- 

,  ,  °  ,  1  .  .  «  -r-»i  charge  their  du- 

seded  or  dismissed  by  the  authority  oi  the  city  ot  Phila-  ties  until  super- 
delphia,  and  be  accountable  as  officers  holding  office  under  su  e  ‘ 


12 


said  city,  and  shall  account  for  all  moneys  in  their  hands 
corporations  through  the  auditor,  and  make  payment  to  the  Treasurer 
to  contract  any  ot  said  city:  And  provided ,  That  no  corporation  hereby 
excePt°for  ordi-  superseded,  or  whose  estates  may  by  force  of  this  act  he 
nary  supplies,  yested  in  the  city  of  Philadelphia  or  the  present  Councils 
of  the  corporation  of  the  Mayor,  Aldermen  and  Citizens 
of  Philadelphia,  shall,  at  any  time  after  the  passage  of 
this  act,  contract  any  loan  or  debt  other  than  for  the 
ordinary  supplies,  repairs,  and  payment  of  labor  and 
salaries. 

Sect.  7.  And  be  it  further  enacted  by  the  authority 
aforesaid ,  That  the  qualified  voters  of  the  city  of  Phila¬ 
delphia  shall,  on  the  first  Tuesday  in  June,  eighteen 
tion  o^o^selve  hundred  and  fifty-four,  and  the  first  Tuesday  in  May  in 
for  two  years,  every  second  year  thereafter,  elect  one  person  to  serve  as 
Mayor  of  the  said  city  by  a  plurality  of  the  votes,  and  in 
case  of  a  tie  the  Councils  shall  order  a  new  election.  He 
shall  serve  for  two  years,  and  until  his  successor  shall  be 
elected  and  duly  qualified.  He  shall  be  at  least  thirty 
Qualifications,  years  of  age,  a  citizen  of  the  United  States,  and  have 
resided  seven  years  next  preceding  his  election  within 
this  Commonwealth,  and  the  last  two  years  thereof  in  the 
said  city.  He  shall  take  the  usual  oath  of  office,  in  the 
presence  of  the  Councils,  to  be  administered  by  one  of 
the  Judges  of  the  Courts  in  said  city,  at  twelve  o’clock 
noon,  on  the  Tuesday  next  succeeding  his  election  :  besides 
the  powers  otherwise  conferred  by  law,  he  shall  have  the 
ms  powers  like  power  and  authority  as  the  Sheriff  of  the  county  of 
»nd  duties.  Philadelphia  now  has  for  the  suppression  of  any  riot, 
disturbance,  and  violation  of  law,  and  shall  exercise  the 
authority  of  making  the  requisition  for  the  commanding 
officer  of  the  military,  in  lieu  of  the  Marshal  of  Police  as 
now  authorized  by  law,  and  of  dismissing  all  police  officers 
and  watchmen,  other  than  the  Marshal  of  Police,  for 
•  failure  in  the  discharge  of  duty.  It  shall  be  the  Mayor’s 
duty  to  communicate  to  Councils,  at  least  once  a  year, 
and  oftener  if  deemed  expedient,  a  general  statement  of 
the  condition  of  the  city  in  relation  to  its  government, 
finances,  and  improvements ;  to  recommend  the  adoption 
of  all  such  measures  as  he  may  deem  expedient  for  the 
security,  health,  cleanliness,  improvement,  and  welfare  of 
the  city ;  to  be  vigilant  and  active  in  causing  the  laws  and 
ordinances  of  the  city  to  be  duly  executed ;  for  which 
purposes  the  Marshal  of  Police,  all  policemen  and  watch- 


13 


men  shall  obey  his  orders,  and  make  report  to  him  when 
acting  under  his  orders,  and  he  shall  exercise  a  constant 
supervision  and  control  over  the  conduct  of  all  subordinate 
officers,  receive  and  examine  all  complaints  preferred  against 
them,  and  generally  perform  all  such  duties  as  may  be  pre¬ 
scribed  by  the  laws  and  ordinances  of  said  city  and  of  this 
Commonwealth  ;  and  he  may  call  special  meetings  of  the 
Councils  whenever  any  public  emergency  may  require. 

Every  ordinance  which  shall  have  passed  both  Councils 
shall  be  presented  to  the  Mayor.  If  he  approve,  he  shall  veto  power, 
sign  it :  but  if  he  shall  not  approve,  he  shall  return  it  with 
his  objections  to  the  Council  in  which  it  originated ;  which 
shall  proceed  to  reconsider  it.  If,  after  such  reconsidera¬ 
tion,  two-thirds  of  that  Council  shall  agree  to  pass  the 
ordinance,  it  shall  be  sent,  with  the  objections,  to  the 
other  Council,  by  wThich  likewise  it  shall  be  reconsidered, 
and  if  approved  by  two-thirds  of  that  Council  also,  it  shall 
be  a  binding  ordinance.  In  such  case  the  votes  of  both 
Councils  shall  be  determined  by  yeas  and  nays,  and  the 
names  of  the  members  voting  shall  be  entered  on  the 
journals.  Every  ordinance  which  the  Mayor  shall  not  so 
return  within  fifteen  days,  shall  take  effect  as  if  it  had 
been  approved.  The  Mayor  may  approve  ordinances  in 
vacations  of  Councils,  and  may  call  special  meetings  of 
Councils  to  reconsider  ordinances  which  he  does  not 
approve,  on  three  days’  notice  to  each  member.  In  case  se^c0af  M°ayS, 
of  his  temporary  absence  or  inability  to  act,  the  Councils  Councils  t0  aP- 
shall  appoint  a  Mayor  to  serve  until  he  shall  resume  the 
duties  of  his  office  ;  and  whenever  a  vacancy  shall  occur  in  case  of  va¬ 
in  the  office  of  Mayor,  by  death  or  otherwise,  it  shall  be  to °iectCouncils 
the  duty  of  the  Select  and  Common  Councils,  in  joint 
meeting,  forthwith  to  elect,  viva  voce ,  a  person  qualified 
as  aforesaid,  to  serve  as  Mayor,  who  shall  continue  in 
office  until  the  Tuesday  succeeding  the  next  city  election, 
and  until  his  successor  shall  have  been  duly  elected  and 
qualified.  The  Mayor  shall  receive  a  salary  to  be  fixed  salary  to  be 
by  Councils,  which  shall  not  be  increased  nor  diminished  cusd  by  Coun' 
during  the  term  for  which  he  shall  have  been  elected. 

The  police  officers,  policemen  and  watchmen,  shall  receive 
the  compensations  to  be  fixed  by  ordinance  of  said  Coun¬ 
cils,  and  it  shall  be  a  misdemeanor  in  office  for  any  of 
them  to  receive  any  other  compensation  or  reward,  to  be 
followed  by  dismissal  from  service. 

Sect.  8.  And  be  it  further  enacted  by  the  authority 


14 


aforesaid ,  That  the  qualified  voters  of  the  said  city  shall,  on 
Marshal  of  the  first  Tuesday  of  May,  1857,  and  on  the  first  Tuesday 
Police,  election  jn  ^ay  jn  every  secon(}  year  thereafter,  elect  a  Marshal 

of  Police,  who  shall  receive  the  salary  and  do  and  perform 
ms  powers  duties  and  exercise  the  powers  now  enjoined  or 

and  duties.  conferred  upon  him  by  law,  except  so  far  as  hereby  modi¬ 
fied,  and  all  such  others  as  may  by  law  or  ordinance  be 
enjoined  or  conferred  upon  him  as  Chief  of  the  Police, 
and  that  throughout  the  entire  limits  of  said  city.  He 
shall  execute  the  orders  and  warrants  of  the  Mayor,  and 
make  report  to  him,  and  have  the  command  of  all  police¬ 
men  and  watchmen  for  the  preservation  of  the  peace  and 
execution  of  process,  and  may  suspend  them  from  service 
and  pay,  until  the  decision  of  the  Mayor  be  obtained. 
And  until  such  election,  the  present  Marshal  of  Police 
shall  continue  to  hold  the  office  and  exercise  the  powers 
and  perform  the  duties  of  Marshal  of  Police,  as  by  this 
act  modified. 

Sect.  9.  And  be  it  further  enacted  by  the  authority 
aforesaid ,  That  the  powers  conferred  by  law  on  the  Police 
police  °WBoar°d  Board  of  the  Police  District,  shall  be  exercised  by  the 
city  councils.*0  City  Councils.  They  shall  fix  the  whole  number  of  super- 
Counciis  to  visors  of  highways,  policemen  and  watchmen  for  the  ser- 
supotSom  of  vice  of  the  whole  city.  The  councilmen  for  the  respective 
Highways.  wards  shall  nominate  three  times  the  proportionate  number 
[See  page  53.]  numker  of  supervisors,  and  no  more,  to  the 

and  Watchmen!  Mayor,  from  which  nominees  the  Mayor  shall  appoint  the 
proper  number  to  be  the  supervisors,  taking  one  of  the 
to  iSSST611  nominees  of  the  Councilmen  of  the  respective  wards,  and 
in  like  manner,  all  vacancies  shall  be  filled.  The  Councils 
Councils  to  shall,  in  joint  meeting,  and  by  viva  voce  vote,  appoint  all 
the  heads  of  de-  the  heads  oi  departments  not  elective,  and  shall  provide 
partments.  ^y  ordinance  for  the  appointments  of  clerks  and  officers, 
cierks  and  except  the  Mayor’s  clerk,  who  shall  be  appointed  by  the 
pcdnted.b°w  Mayor,  and  the  Marshal’s  clerk,  who  shall  be  appointed 
by  the  Marshal — all  of  whom  shall  serve  for  such  periods 
as  may  be  fixed  by  ordinance,  subject  to  dismissal  by  the 
appointing  power  or  superior  officer,  as  such  ordinance 
may  provide.  The  head  of  each  department  shall  nomi¬ 
nate,  and  by  and  with  the  advice  and  consent  of  the 
Select  Council,  appoint  the  clerks  and  officers  in  his  de- 
and  Watchmen!  partment.  The  Mayor  shall  nominate,  and  by  and  with 
how  appointed.,  advice  and  consent  of  the  Select  Council,  appoint  the 
policemen  and  watchmen. 


15 


Sect.  10.  And  be  it  further  enacted  by  the  authority 
aforesaid ,  That  the  qualified  voters  of  the  said  city  shall, 
on  the  first  Tuesday  in  May,  1855,  and  until  such  elec¬ 
tion,  the  present  City  Treasurer  shall  continue  to  be  the  surer,Cleiection 
City  Treasurer,  and  on  the  first  Tuesday  in  May  in  every  of- 
second  year  thereafter,  elect  a  City  Treasurer  to  serve 
for  two  years  from  the  first  Monday  of  July  next  suc¬ 
ceeding  such  election.  He  shall  give  bond  to  the  city  shall ;  give 
conditioned  for  the  faithful  performance  of  his  duty,  in  bond‘ 
such  amount  as  the  City  Councils  shall  direct,  and  shall, 
before  he  enters  upon  his  office,  take  and  subscribe  an 
oath  or  affirmation,  honestly  to  keep  and  account  for  all 
public  moneys  and  property  entrusted  to  his  care ;  and 
if  such  Treasurer  shall  knowingly  violate  said  oath,  he 
shall  be  deemed  guilty  of  perjury,  and  on  conviction 
thereof  in  the  proper  court,  be  sentenced  to  undergo  soli¬ 
tary  imprisonment  at  hard  labor  in  the  Eastern  Peniten¬ 
tiary,  for  the  term  of  not  less  than  one  nor  more  than 
ten  years.  Any  vacancy  in  said  office  shall  be  filed  by  vacancy, 
the  City  Councils,  by  viva  voce  vote  in  joint  meeting.  how  filled' 

No  money  shall  be  drawn  from  the  treasury  of  the  city,  Powers  and 
except  the  same  shall  have  been  previously  appropriated  duties' 
by  Councils  to  the  purpose  for  which  it  is  drawn ;  the 
accounts  to  be  kept  by  the  said  City  Treasurer  shall  exhibit 
all  the  receipts  and  all  the  expenditures  of  the  city  in  an 
intelligible  manner,  in  the  form  of  accounts  current,  in 
which  the  particulars  of  each  item  of  charge  and  dis¬ 
charge  shall  fully  and  precisely  appear.  Any  citizen 
may,  on  the  payment  of  a  fee  of  twelve  and  a  half  cents, 
to  be  paid  to  the  City  Treasurer  for  the  use  of  the  city, 
inspect  the  said  accounts ;  and  for  a  further  fee  of  fifty 
cents,  and  one  cent  per  line  of  ten  words,  to  be  paid  for 
the  use  of  the  city,  the  Treasurer  shall,  on  request  of  any 
citizen,  furnish  a  transcript  of  any  part  thereof.  It  shall 
be  the  duty  of  the  Councils  of  the  said  city  to  provide, 
and  said  Treasurer  to  pay,  on  or  before  the  25th  day  of 
July,  1856,  and  in  each  year  thereafter,  into  the  treasury 
of  the  State,  the  amount  of  the  State  tax  assessed  within  Payment  of 

the  limits  of  the  said  city,  deducting  all  allowances  made  stateTax- 
by  law ;  and  said  Treasurer  elected  as  aforesaid  shall,  be¬ 
fore  he  enters  upon  the  office,  give  bond,  with  sureties  to 
be  approved  by  the  Judges  of  the  Court  of  Common 
Pleas  of  Philadelphia  county,  in  such  sum  as  they  shall 
direct,  conditioned  for  the  safe  keeping  of  and  accounting 


16 


Proceedings  in 
case  of  default. 


Receiver  of 
Taxes,  how  elec¬ 
ted. 


Ilis  powers 
and  duties. 


for  all  moneys  received  by  him  for  the  use  of  the  State ; 
the  said  Treasurer  shall  keep  the  public  moneys  in  such 
place  and  manner  as  the  City  Treasurer  shall  direct,  and 
shall  verify  his  cash  account  at  least  once  every  week,  to 
the  satisfaction  of  a  standing  committee  of  Councils  ;  and 
upon  the  affidavit  of  a  majority  of  such  committee  of 
any  default  therein,  the  said  Treasurer  shall  be  suspended 
from  office  until  the  further  action  of  Councils  ;  and  the 
Court  of  Common  Pleas  of  Philadelphia  county  shall, 
upon  said  affidavit  and  cause  shown,  forthwith  issue  a  writ 
of  sequestration  to  the  Sheriff  of  the  county  against  such 
defaulter,  for  the  amount  of  such  default,  to  be  levied  of 
all  his  property,  estate  and  effects,  in  favor  of  said  city, 
which  writ  shall  be  a  lien  thereon  from  the  issuing  thereof, 
with  a  clause  of  attachment  contained  therein,  directing 
the  Sheriff  to  arrest  the  body  of  such  defaulter,  to  answer 
the  said  charge  on  a  day  certain,  on  which  day  the  said 
court  shall  inquire  of  the  premises  and  enter  judgment 
thereon  as  may  be  just,  or  in  their  discretion  award  an 
issue  to  try  the  disputed  facts  ;  and  if  the  said  court  upon 
such  hearing  shall  be  satisfied  that  there  is  probable  cause 
to  believe  that  such  Treasurer  has  committed  the  crime  of 
perjury  as  mentioned  in  this  section,  it  shall  be  their  duty 
to  commit  him  for  trial  at  the  next  Court  of  Quarter 
Sessions  of  said  county. 

Sect.  11.  And  be  it  further  enacted  by  the  authority 
aforesaid ,  That  the  qualified  voters  of  the  said  city  shall, 
on  the  first  Tuesday  in  May,  1856,  and  biennially  there¬ 
after  on  the  first  Tuesday  in  May,  elect  one  person,  who 
shall  be  denominated  Receiver  of  Taxes,  to  serve  for  two 
years ;  and  until  a  receiver  of  taxes  shall  be  elected  and 
qualified,  the  Treasurer  of  the  county  of  Philadelphia, 
elected  on  the  second  Tuesday  in  October,  1853,  shall 
perform  all  the  duties  and  be  liable  to  all  the  obligations 
and  penalties  prescribed  by  this  act  for  said  receiver  of 
taxes.  And  it  shall  be  lawful  for  the  Select  and  Common 
Councils  to  relieve  the  said  Treasurer  of  the  county  of 
Philadelphia  from  the  performance  of  any  duties  now 
imposed  by  law  on  said  Treasurer.  He  shall  give  bond 
and  be  sworn  or  affirmed  to  perform  his  duty  in  like 
manner  as  the  City  Treasurer.  He  shall  collect  and  re¬ 
ceive  all  taxes  and  public  assessments  payable  and  re¬ 
ceivable  within  the  limits  of  the  said  city,  and  for  that 
purpose  shall  have  and  exercise  all  the  powers  conferred 


17 


by  law  in  that  behalf,  and  shall  have  the  assistance  of  the 
necessary  clerks  to  afford  proper  facilities  to  all  citizens 
to  pay  their  taxes  at  all  business  hours  of  the  day.  It 
shall  be  the  duty  of  the  City  Commissioners  to  place  the 
duplicates  of  taxes  in  the  possession  of  the  said  Receiver 
of  Taxes  as  early  as  practicable  in  the  year  for  which  the 
taxes  shall  be  assessed.  And  the  said  Receiver  shall  Allowance  to 
make  allowance  to  all  tax  payers  who  shall  pay  their  taxes  tax  payers- 
in  the  year  for  which  they  are  assessed,  at  the  rate  of 
twelve  per  cent,  per  annum  from  the  date  of  payment  until 
the  end  of  such  year.  All  taxes  remaining  unpaid  on  the 
1st  of  January  in  each  year,  shall  continue  a  lien  upon  Taxes  to  be 
the  real  estate  upon  which  they  are  levied  in  like  manner  liened' 
as  if  registered  in  the  County  Commissioner’s  office  under 
existing  laws.  In  case  legal  proceedings  are  commenced, 
there  shall  be  an  additional  charge  of  five  per  centum 
upon  all  sums ;  and  the  Receiver  of  Taxes  shall  render  Extra  charge- 
each  day  to  the  City  Controller,  an  account  of  each  item 
of  his  receipts,  and  daily  pay  the  same  into  the  city  trea-  To  pay  over 
sury.  The  said  Receiver  shall  cause  an  agent  to  attend  £aily  t0  City 
for  him  at  least  two  days  in  the  month  of  June  and  each 
succeeding  month  of  the  year,  to  receive  the  taxes  owing 
by  persons  resident  within  the  wards  in  which  the  follow¬ 
ing  places  are  situated,  to  wit :  at  Germantown,  Frank-  tain^Districts' 
ford,  Manayunk,  Bustleton,  Holmesburg,  Somerton,  Hes-  ho^  received, 
tonville,  Haddington  and  Paschalville,  and  give  notice  of 
the  time  and  place  of  attendance  in  at  least  two  news¬ 
papers  not  less  than  three  times,  one  of  which  papers 
shall  be  that  in  or  nearest  to  the  ward  where  the  taxes 
are  owing;  and  the  Aldermen  in  every  ward  shall  be  Aldermen au- 
authorized  and  required  at  all  times  to  receive  the  per-  th.orized  t0  re- 
sonal  taxes  ot  persons  resident  therein,  tor  which  purpose  taxes, 
they  shall  each  be  furnished  with  a  tax  list  of  such  taxes 
as  early  in  the  year  as  they  can  be  made  out,  and  not 
later  than  the  first  of  June  in  each  year,  and  such  Aider- 
men  shall  receive  therefor,  ten  per  centum  for  receiving  and 
paying  over  such  taxes,  which  they  shall  at  least  do  once 
in  each  month,  to  the  Receiver  of  Taxes  or  his  agent.  And 
each  of  said  Aldermen  shall,  under  the  penalty  of  one 
hundred  dollars  to  the  said  city,  be  in  attendance  at  his 
office  for  the  purpose  of  receiving  the  same  on  the  day  of 
any  election.  The  said  Receiver  shall,  immediately  after  taxe^aymeut  of 
the  first  day  of  December,  annually,  give  public  notice  eiSom  da7  °* 
in  at  least  four  of  the  public  newspapers  of  said  city  for 
2 


18 


Receiver  of 
Taxes  to  give 
public  notice  of 
taxes  unpaid. 


To  levy  for 
taxes. 


Errors  in  as¬ 
sessment,  how 
corrected. 


City  Control¬ 
ler,  how  elected. 


To  take  oath. 


His  powers 
and  duties. 


ten  days,  to  all  persons  who  shall  have  omitted  to  pay 
their  taxes,  to  pay  them  before  the  first  day  of  January, 
and  that  if  not  paid  by  that  time,  a  warrant  will  issue  to 
collect  the  same ;  and  it  shall  he  the  duty  of  the  Receiver 
to  issue  his  warrant  after  the  fifteenth  day  of  said  month 
of  January,  directed  to  any  constable  of  said  city  or 
county,  commanding  him  to  levy  said  taxes,  with  all 
charges  accrued  thereon,  of  any  goods  or  chattels  of  the 
delinquent  wheresoever  found,  and  to  make  sale  thereof 
after  advertisement,  as  in  cases  of  distress  for  rent,  which 
warrants  shall  be  returnable  within  thirty  days. 

Provided ,  That  if  any  person  against  whom  such  taxes 
shall  have  been  assessed,  shall  make  affidavit  that  he  did 
not  own  the  premises  for  which  such  taxes  were  assessed 
at  the  time  they  accrued  and  became  a  lien  thereon,  the 
said  taxes  shall  be  collected  of  the  true  owner  thereof,  or 
by  proceedings  to  sell  the  premises  by  execution.  And 
the  said  Receiver  of  Taxes  shall  furnish  certificates  of  all 
taxes  and  claims  which  are  a  lien  on  real  estate,  and 
receive  therefor  twenty-five  cents  for  each  certificate,  and 
five  cents  for  each  lien  and  claim  certified. 

Sect.  12.  And  be  it  further  enacted  by  the  authority 
aforesaid ,  That  the  qualified  voters  of  said  city  shall,  on 
the  first  Tuesday  in  June,  1854,  and  on  the  first  Tuesday 
in  May  in  every  second  year  thereafter,  elect  a  City  Con¬ 
troller,  to  serve  for  the  term  of  two  years,  from  the  first 
Monday  in  July  next  succeeding  his  election.  He  shall, 
before  entering  upon  his  office,  take  and  subscribe  an  oath 
or  affirmation,  faithfully  to  discharge  the  duties  thereof ; 
and  if  he  shall  knowingly  violate  said  oath  or  affirmation, 
he  shall  be  subject  to  the  same  penalty  as  is  provided  by 
the  tenth  section  of  this  act  in  regard  to  the  City  Trea¬ 
surer.  It  shall  be  the  duty  of  the  said  City  Controller  to 
scrutinize,  audit  and  publish,  in  two  or  more  newspapers, 
annually,  verified  by  his  oath  or  affirmation,  the  public 
accounts  of  the  said  city,  and  of  the  trusts  in  their  care, 
exhibiting  all  the  receipts  and  expenditures  of  the  city, 
the  sources  from  which  the  revenues  and  funds  are  derived, 
and  in  what  manner  the  same  have  been  disbursed, 
each  account  to  be  accompanied  by  a  statement  in  detail, 
in  separate  columns,  of  the  several  appropriations  made 
by  the  City  Councils,  the  amount  drawn  on  each  appro¬ 
priation,  and  the  balance  standing  to  the  debit  or  credit 
of  each  such  appropriation.  He  shall  countersign  all 


19 


warrants  on  the  City  Treasurer,  and  shall  not  suffer  any 
appropriation  made  by  the  City  Councils  to  be  over¬ 
drawn,  and  shall  perform  all  the  duties  now  enjoined  by 
law  on  the  County  Auditors.  He  shall  superintend  the 
fiscal  concerns  of  the  city  in  such  manner,  and  make 
reports  thereon  at  such  times  as  shall  be  prescribed  by 
ordinance. 

Sect.  13.  And  be  it  further  enacted  by  the  authority 
aforesaid ,  That  the  qualified  voters  of  the  said  city  shall, 
on  the  first  Tuesday  in  June,  1854,  and  annually  there¬ 
after,  on  the  first  Tuesday  of  May,  elect  one  person  for 
City  Commissioner,  to  serve  for  three  years  from  the 
Monday  next  succeeding  his  election  :  Provided ,  That 
those  three  who  shall  first  be  elected  shall  not  enter  upon 
their  duties  until  the  terms  of  service  of  the  present 
County  Commissioners  shall  respectively  expire ;  and  the 
present  County  Commissioners  shall  serve  as  such  City 
Commissioners  for  the  periods  for  which  they  have  been 
respectively  elected  County  Commissioners.  The  City 
Commissioners,  under  the  direction  and  control  of  the 
City  Councils,  shall  be  charged  with  all  duties  relating  to 
assessors  and  to  assessments,  to  the  selection  and  drawing  of 
jurors,  and  to  elections  and  election  officers,  that  are  now 
performed  by  the  County  Commissioners,  and  all  other 
duties  now  performed  by  the  Commissioners  of  the 
County,  not  otherwise  provided  for  in  this  act.  They 
shall,  together  with  the  City  Treasurer  and  Receiver  of 
Taxes,  perform  the  duties  of  a  County  Board  of  Revision, 
according  to  the  laws  in  force  in  other  counties  of  this 
Commonwealth,  and  hear  the  appeals  of  the  tax-payers. 
And  they  shall  correct  all  irregularities  in  valuation,  both 
as  respects  individual  cases  and  wards,  and  complete  the 
same  before  the  end  of  the  year  in  which  the  valuations 
shall  be  made  for  the  tax  of  the  succeeding  year.  If  in 
equalizing  the  valuation  of  the  property  in  the  several 
wards,  an  addition  of  ten  per  centum  be  made  to  the 
returns  of  the  assessor  for  any  ward,  twenty  freeholders 
of  such  ward  may,  by  writing,  filed  within  ten  days,  take 
an  appeal  from  such  decision  to  the  Councils,  whose 
decision  thereon  shall  be  final. 

Sect.  14.  And  be  it  further  enacted  by  the  authority 
aforesaid ,  That  the  City  Councils  shall  annually  nomi¬ 
nate,  and  the  Mayor  shall,  as  hereinbefore  provided, 
appoint  the  requisite  number  of  supervisors  of  streets  and 


City  Commis¬ 
sioners,  how 
elected. 


Powers  and 
duties. 


With  City 
Treasurer  and 
Receiver  of 
Taxes  to  per¬ 
form  duties  of  a 
County  Board 
of  Revision. 


To  equalize 
valuation  of 
Taxes. 


Supervisors 
of  streets  and 
roads. 


20 


how  elected. 


Duties. 


now  nomina- roads  for  the  different  wards,  who  shall  he  under  the 
ted  and  appoint- ^*rec^on  an(j  accoun  table  to  the  Commissioners  of  High- 
commSoners  waJsJ  who  shall  be  appointed  by  the  said  Councils  an- 
be  appointed8 by  nua%>  an(l  whose  numbers  and  duties  shall  be  prescribed 
Councils.  by  ordinance. 

Sect.  15.  And  be  it  further  enacted  by  the  authority 
aforesaid ,  That  the  Select  and  Common  Councils  shall 
Law  office  to  establish  a  law  office,  in  which  shall  be  deposited  and 
be  established.  preserve(j  all  patents,  deeds,  wills,  leases,  mortgages  and 
other  assurances  of  title,  together  with  all  contracts, 
bonds,  notes,  official  bonds,  books  and  other  evidences  of 
debt  belonging  to  the  said  city,  and  all  other  papers 
which  the  said  City  Councils  may  direct.  The  qualified 
voters  of  said  city  shall,  on  the  first  Tuesday  in  June, 
City  Solicitor,  1854,’  and  on 7  the  first  Tuesday  in  May  biennially  there¬ 
after  elect  one  person  learned  in  the  law  to  act  as  Soli¬ 
citor  of  said  city,  whose  duties  shall  be  prescribed  by 
ordinance,  and  who  shall  be  allowed  to  employ  such 
number  of  assistants  as  Councils  may  prescribe.  The  said 
Solicitor  shall  hold  his  office  for  the  term  of  two  years, 
and  until  his  successor  shall  be  duly  qualified. 

Sect.  16.  And  be  it  further  enacted  by  the  authority 
aforesaid ,  That  on  the  first  Tuesday  in  June  in'  1854,  and 
Board  of  Health011  the  Tuesday  in  May  in  every  year  thereafter,  until 
otherwise  provided  by  law  or  ordinance,  the  qualified  voters 
of  each  of  the  wards  of  the  said  city  shall  elect  one  citizen, 
Each  ward  to  who  shall  have  and  possess  the  qualifications  that  the 
elect  one  mem-  members  of  the  Senate  are  required  to  possess,  to  serve 
as  a  member  of  the  Board  of  Health.  They  shall  each 
take  the  usual  oath  of  office,  and  enter  upon  the  duties 
thereof  on  the  first  Monday  in  July  next  succeeding  their 
election ;  the  members  of  the  Board  of  Health  elected  in 
the  city  of  Philadelphia  on  the  first  Tuesday  of  June, 
A.  D.  1854,  shall  meet  on  the  morning  of  the  first  Mon¬ 
day  in  July  of  the  same  year,  at  ten  o’clock,  and  on  the 
first  Monday  of  July  in  each  year  at  the  same  hour,  and 
organization,  organize  into  a  Board,  and  shall  elect  a  president  and 
Elect  Presi-  such  other  officers  as  may  be  necessary  for  the  proper 
"  transaction  of  the  business  of  the  said  Board  ;  and  upon 
such  organization,  shall  thereby  supersede  the  present 
members  and  officers  of  the  Board  of  Health  ;  and  there- 
Estates  vested  upon  all  the  estate  whatsoever,  real,  personal  and  mixed, 
Philadelphia.  °f  that  shall  then  be  by  law  or  otherwise  vested  in  or  in 
possession  of  the  Board  of  Health,  shall  be  forthwith 


dent  and  other 
officers. 


21 


vested  in  the  city  of  Philadelphia,  subject  to  all  the 
trusts,  conditions  and  liabitities  now  legally  applicable 
thereto,  and  all  laws  of  this  Commonwealth,  creating, 
governing  and  regulating  the  Board  of  Health  not  incon¬ 
sistent  herewith  shall  continue  in  force  and  operation, 
and  shall  govern  and  regulate  the  Board  of  Health  of  the 
city  of  Philadelphia,  except  as  to  farmers  manuring  land 
and  keeping  stock  in  the  strictly  agricultural  dis¬ 
tricts,  as  the  same  may  hereafter  be  altered  by  law  or 
ordinance ;  and  all  sums  of  money  due,  payable  to,  or 
received  by  the  Board  of  Health,  shall  be  paid  into  the 
city  treasury ;  and  all  sums  expended  by  or  for  the  pur¬ 
poses  of  the  Board  of  Health,  shall  be  paid  by  the  City 
Treasurer  upon  orders  drawn  under  appropriations  regu¬ 
larly  made  by  Councils.  And  upon  the  same  days  in  the 
present  and  each  succeeding  year,  the  qualified  voters  of 
each  ward  shall  elect  one  person  of  like  qualifications, 
who  shall  take  the  same  oath  or  affirmation,  to  serve  as 
Prison  Inspectors  of  the  County  Prison  for  the  same 
period  of  time  ;  who  shall,  on  the  first  Monday  in  July 
in  the  same  year,  at  10  o’clock  A.  M.,  organize  them¬ 
selves  as  a  Board  to  perform  all  the  duties  belonging  by 
law  to  said  office,  and  upon  such  organization,  shall  thereby 
supersede  the  existing  Board  of  Prison  Inspectors. 

Sect.  IT.  And  be  it  further  enacted  by  the  authority 
aforesaid ,  That  on  the  first  Tuesday  in  June,  Anno  Domini 
1854,  and  on  the  first  Tuesday  in  May  in  each  year  there¬ 
after,  the  qualified  voters  of  each  ward  of  the  said  city  shall 
elect  two  Assessors,  who  shall  have  and  possess  the  qualifica¬ 
tions  that  members  of  the  Senate  are  required  to  possess, 
who,  being  duly  qualified,  shall  do  and  perform  within  their 
respective  wards  all  the  duties  that  the  usages  and  laws  of 
this  Commonwealth  now  enjoin  upon  Assessors  and  assistant 
Assessors.  Provided ,  That  the  qualified  voters  residing 
within  the  limits  of  the  townships  of  Byberry,  Moreland, 
Delaware,  Lower  Dublin  and  Oxford,  in  the  23d  Ward,  shall 
in  like  manner  elect  two  Assessors ;  and  the  qualified  voters 
of  the  remaining  portions  of  said  ward  shall  in  like  man¬ 
ner  elect  two  Assessors.  And  at  all  elections  of  such  Asses¬ 
sors  each  voter  shall  vote  for  one  Assessor,  and  the  two  candi¬ 
dates  having  the  highest  number  of  votes  shall  be  elected. 
The  City  Commissioners  shall,  immediately  after  such  elec¬ 
tion,  in  each  year,  issue  their  precept  to  the  said  Assessors 
of  the  respective  wards,  requiring  them  to  make  out  and 


Powers  and 
duties. 


Appropriations 
to  be  made  by 
Councils. 


Prison  In¬ 
spectors. 

Each  ward  to 
elect  one. 

Organization. 


Assessors. 
Each  ward  to 
elect  two. 


Proviso  re¬ 
lative  to  23d 
Ward. 


Each  voter  to 
vote  for  one  As¬ 
sessor. 


22 


To  make  re¬ 
turns  by  first 
September,  of 
Taxables. 


Extra  Assess¬ 
ments. 


Duties. 


To  make  re¬ 
turn  of  Jurors. 


Salary. 


Guardians  of 
the  Poor. 


Each  ward  to 
elect  one  mem¬ 
ber. 


return,  within  such  time  as  the  said  Commissioners  shall 
designate,  not  later  than  the  first  day  of  September  fol¬ 
lowing,  a  just  and  perfect  list,  in  such  form  as  the  Com¬ 
missioners  shall  direct,  of  all  the  taxable  persons  residing 
within  their  wards  respectively,  and  all  property  taxable, 
and  exempt  by  law,  with  a  just  valuation  of  the  same ; 
and  whenever  the  Assessors  of  any  ward  cannot  agree 
upon  the  valuation  of  any  property,  the  City  Commis¬ 
sioner  senior  in  office  shall  be  umpire,  and  decide.  The 
office  of  Assistant  Assessor  within  the  said  city  is  hereby 
abolished.  The  duty  of  making  extra  assessments,  now 
enjoined  by  law  upon  the  officers  of  election,  shall  be 
exclusively  performed  by  the  Assessors.  The  Assessors  of 
each  ward  shall  meet  for  that  purpose,  in  their  respective 
wards,  on  the  thirteenth  day  prior  to  the  second  Tuesday 
of  October,  annually,  and  continue  their  session  from  1 
to  10  o’clock,  P.  M.,  each  day  for  three  successive  juri¬ 
dical  days,  and  public  notice  of  the  time  and  place  thereof 
shall  be  given  by  the  City  Commissioners,  in  two  or  more 
daily  newspapers  of  the  said  city,  ten  days  prior  thereto. 
Each  Assessor  shall  return  the  names  of  one-half  of  the 
number  of  jurors  within  his  ward,  required  for  each  year, 
and  the  precept  of  the  City  Commissioners  to  the  Asses¬ 
sors  shall  conform  to  this  provision.  Any  Assessor  who 
shall  receive  any  reward  for  returning  or  omitting  to 
return  the  name  of  any  person  to  serve  as  juror,  and  any 
person  who  shall  offer  or  give  such  reward,  shall  forfeit 
the  sum  of  $100  to  the  said  city,  to  be  recovered  before 
any  alderman.  Each  Assessor  shall  receive  an  annual 
sum  in  lieu  of  all  other  compensation,  to  wit :  for  the  year 
ending  May,  Anno  Domini  1856,  and  for  every  third  year 
thereafter,  the  sum  of  $400,  and  for  all  other  years  the 
sum  of  $300  per  annum. 

Sect.  18.  And  be  it  further  enacted  by  the  authority 
aforesaid ,  That  on  the  first  Tuesday  in  June,  A.  D.  1854, 
and  on  the  first  Tuesday  in  May  in  every  year  thereafter, 
until  otherwise  provided  by  law  or  ordinance,  the  qualified 
voters  of  each  of  the  wards  of  the  city  of  Philadelphia 
shall  elect  one  citizen,  who  shall  have  and  possess  the 
qualifications  that  the  members  of  the  Senate  of  this  Com¬ 
monwealth  are  required  to  possess,  to  serve  as  Guardian 
of  the  Poor  of  the  said  city.  They  shall  enter  upon  the 
duties  of  their  office  on  the  first  Monday  in  July  of  each 
year,  and  shall  each  take  an  oath  or  affirmation,  to  be 
administered  by  any  alderman  of  the  said  city,  that  he 


23 


will  discharge  the  duties  of  the  office  of  Guardian  of  the 
Poor  truly  and  impartially,  to  the  best  of  his  ability.  Guardians  of 
Provided ,  That  the  existing  arrangements  for  the  sup-  viso  relative  to 
port  of  the  poor  in  the  boroughs  and  townships  0f rural  districts. 
Manayunk,  Roxborough,  Germantown,  Bristol,  Frank- 
ford,  Whitehall,  Oxford,  Lower  Dublin,  Delaware,  More¬ 
land  and  Byberry,  shall  remain  and  continue  until  they 
are  changed  and  altered  by  the  Councils  of  the  city  of 
Philadelphia ;  and  while  those  arrangements  continue,  no 
election  shall  be  held  under  the  provisions  of  this  section  21^° 
for  Guardians  of  the  Poor  in  the  twenty-first,  twenty-  23d  ’wards, 
second  and  twenty-third  wards  of  said  city.  Provided , 

That  in  the  districts  within  the  twenty-first,  twenty- 
second  and  twenty-third  wards,  where  houses  for  the  And  no  chan„e 
accommodation  of  the  poor  are  provided,  no  change  shall  in  those  wards 
be  made  without  the  consent  of  the  qualified  voters  of  the  of^aiified^o- 
respective  districts  containing  the  respective  institutions  ters‘ 
for  the  support  of  the  poor. 

Sect.  19.  And  be  it  further  enacted  by  the  authority 
aforesaid ,  That  the  Guardians  of  the  Poor,  elected  in  ofgJ|radization 
June,  A.  D.  1854,  in  accordance  with  the  provisions  of 
the  preceding  section,  shall  meet  at  the  Alms-house,  in 
the  city  of  Philadelphia,  at  10  o’clock,  on  the  morning  of 
the  first  Monday  in  July  of  the  same  year,  and  also  on 
the  same  day  and  hour  yearly  thereafter,  and  organize 
themselves  into  a  Board,  and  shall  elect  a  president  and  Elect  pregi 
such  other  officers  as  may  be  necessary  for  the  proper  dent  and  other 
transaction  of  the  business  of  such  Board ;  and  upon  such  0  cer ' 
organization,  all  the  estate  whatsoever,  real  and  personal, 
that  shall  then  be  by  law  or  otherwise  vested  in,  or  be  in 
possession  of  the  Guardians  for  the  Relief  and  Employ¬ 
ment  of  the  Poor  of  the  city  of  Philadelphia,  the  district  GuardSSsofthe 
of  Southwark,  and  the  townships  of  the  Northern  Liberties  ^cityo^hlS 
and  Penn,  shall  forthwith  vest  in  the  city  of  Philadelphia,  adeiphia. 
subject  to  all  the  trusts,  conditions,  and  liabilities  now 
legally  applicable  thereto,  and  the  present  guardians  and 
officers  of  said  body  shall  cease  their  functions,  and  the 
said  elective  guardians  shall  become  vested  with  all  the 
powers,  faculties,  rights,  privileges  and  immunities  of  the 
present  Guardians  of  the  Poor,  and  subject  to  the  per¬ 
formance  of  the  duties  thereof,  except  as  hereby  otherwise 

•  y  i  «/  Powers  and 

provided;  and  all  laws  of  this  Commonwealth,  creating,  duties  of  new 
governing  and  regulating  the  said  Corporation,  shall  con-  Board‘ 
tinue  in  force  and  operation,  and  shall  govern  and  regu¬ 
late  the  Guardians  of  the  Poor  of  the  city  of  Philadelphia, 


24 


except  as  the  same  may  hereafter  he  altered  by  law  or 
ordinance ;  and  all  sums  of  money  due,  payable  to,  or 
received  by  the  Board  of  Guardians  of  the  Poor,  shall  be 
paid  into  the  City  Treasury,  and  all  sums  expended  by 
or  for  the  purposes  of  the  Board  of  Guardians  of  the 
Poor,  shall  be  paid  by  the  City  Treasurer,  upon  orders 
drawn  under  appropriations  regularly  made  by  Councils. 

Sect.  20.  And  be  it  further  enacted  by  the  authority 
rirectors  of  aforesaid ,  That  on  the  first  Tuesday  in  June,  1854,  the  quali- 
Pubhc  Schools.  ge(j  V0£erg  eac]1  0f  ^  war(}s  0f  the  city  of  Philadelphia, 

Each  ward,  ex-  except  the  Twenty-first,  Twenty-second,  Twenty-third  and 
SfaS^tJS  Twenty-fourth  Wards,  shall  elect  twelve  citizens  qualified 
tor?  12  dire°' to  serve  as  members  of  the  Senate  of  this  Commonwealth, 
four  of  whom  shall  be  elected  to  serve  for  one  year,  four 
for  two  years,  and  four  for  three  years,  as  Directors  of 
Public  Schools ;  and  on  the  first  Tuesday  in  May  in  each 
year  thereafter,  the  qualified  voters  of  each  of  the  said 
wards  shall  elect  four  citizens  of  like  qualifications  to  serve 
as  Directors  of  Public  Schools  for  three  years.  They  shall 
enter  upon  the  duties  of  their  office  on  the  first  Monday 
How  elected,  in  July  next  succeeding  their  election.  At  the  first  elec¬ 
tion  held  under  this  act,  each  of  the  qualified  voters  of 
said  ward  shall  vote  for  nine  Directors,  and  the  twelve 
highest  shall  be  elected,  three  to  serve  for  one  year,  three 
to  serve  for  two  years,  and  three  to  serve  for  three  years ; 
and  at  future  elections  each  qualified  voter  shall  vote  for 
three  Directors,  and  the  four  highest  shall  be  elected. 
Proviso  reia-  Provided ,  That  the  qualified  voters  within  the  Twenty- 
Sd  mdSt,2  first,  Twenty-second,  Twenty-third,  and  Twenty-fourth 
wards.  Wards  shall  elect,  in  the  same  election  districts  as  here¬ 

tofore,  the  number  of  School  Directors  as  are  now  by  law 
allowed,  except  the  territory  included  in  the  boroughs  of 
Frankford  and  Whitehall,  which  shall  be  separated  from 
the  township  of  Oxford  in  the  election  of  School  Directors. 
And  the  qualified  voters  of  the  said  boroughs  of  Frankford 
and  Whitehall  shall  elect  three  Directors  of  the  Public 
Schools;  and  the  qualified  voters  of  the  township  of  Oxford 
shall  elect  three  Directors ;  and  the  qualified  voters  in  the 
territory  included  within  the  bounds  of  the  township  of 
the  unincorporated  Northern  Liberties  and  the  boroughs 
of  Aramingo  and*  Bridesburg  shall  elect  three  Directors 
of  the  Public  Schools. 

Each  ward  a  Sect.  21.  And  be  it  further  enacted  by  the  authority 
school  section,  aforesaid,  That  for  Public  School  purposes  each  ward  shall 
constitute  a  school  section,  and  the  Board  of  Controllers 


25 


Organization. 


Powers  and 
duties. 


shall  have  full  power  to  apportion  the  school  houses  and 
distribute  the  duties  of  the  Directors  of  the  schools  to  and 
for  all  or  any  of  the  wards  of  the  city  in  such  manner  as 
the  Board  of  Controllers  shall  direct.  The  Directors  of 
each  section  shall  meet  and  organize  on  the  first  Monday 
of  July  next  succeeding  their  election ;  and  upon  such 
organization  shall  have  and  possess  all  the  powers,  rights, 
privileges  and  immunities  that  shall  then  be  by  law  or 
otherwise  vested  in  the  School  Directors  of  the  several 
sections  of  the  first  school  district ;  and  from  and  after 
such  organization,  all  the  rights,  privileges  and  immunities 
of  the  School  Directors  last  named  shall  cease  and  termi¬ 
nate,  and  all  laws  of  this  Commonwealth  regulating  and 
governing  the  School  Directors  last  named  shall  cease  to 
operate  with  regard  to  them,  hut  shall  continue  in  full 
force  and  operation  for  regulating  and  governing  the 
School  Directors  elected  and  organized  in  accordance  with  vacancies 
the  provisions  of  this  act.  In  case  of  any  vacancy  occur-  how  filled, 
ring  in  either  of  the  sectional  boards  of  School  Directors 
by  death,  resignation  or  otherwise,  such  vacancy  shall  be 
filled  by  the  remaining  Directors  of  the  ward  wherein 
such  vacancy  exists,  and  the  Director  chosen  to  fill  such 
vacancy  being  properly  qualified,  shall  continue  to  serve 
for  and  during  the  time  the  Director  whose  vacancy  he 
fills  could  have  served,  and  no  longer. 

Sect.  22.  And  be  it  further  enacted  by  the  authority 
aforesaid ,  That  the  School  Directors  of  each  ward  of  the  troijem 
city  of  Philadelphia  for  the  ensuing  year  shall,  on  the  third 
Tuesday  of  June,  of  each  and  every  year,  elect  one  of 
their  own  number  a  Controller  to  serve  for  one  year,  and 
shall  give  him  a  certificate  of  such  election ;  the  Con¬ 
trollers  thus  elected  shall  each  be  sworn  or  affirmed  that 
he  will  discharge  the  duties  of  the  office  of  Controller  of 
Public  Schools  with  fidelity,  to  the  best  of  his  ability,  and 
they  shall  enter  upon  the  duties  of  their  office  on  the  first 
Monday  in  July  next  succeeding  their  election.  The 
Controllers  elected  in  the  year  1854  shall  meet  at  ten 
o’clock  A.  M.,  on  the  first  Monday  in  July  of  that  year, 
in  the  room  of  the  Controllers  of  Public  Schools  in  the 
city  of  Philadelphia,  and  shall  then  and  there  organize 
themselves  into  a  Board,  and  shall  elect  a  President  and 
such  other  officers  as  they  may  deem  necessary,  to  serve 
for  the  term  of  one  year ;  and  upon  such  organization  presf]entionan0d 
shall  have  the  name  and  style  of  The  Controllers  of  Pub-  officers, 
lie  Schools  of  the  First  School  District  of  Pennsylvania. 


Board  of  Con- 
how 

elected. 


Organization. 


26 


And  on  the  first  Monday  of  July  in  each  year  thereafter, 
the  Controllers  shall  meet  as  aforesaid,  and  shall  take  the 
oath  of  office  and  enter  upon  the  duties  thereof.  The 
President  and  other  officers  of  the  Board  shall  he  elected 
annually  on  the  first' Monday  in  July. 

Sect.  23.  And  be  it  further  enacted  by  the  authority 
Estate  vested  aforesaid ,  That  immediately  upon  the  organization  of  the 
delphia.  hlla'  said  Board  of  Controllers,  all  property,  real  and  personal, 
all  trusts  and  trust  funds,  and  all  estate,  rights,  privileges 
and  immunities  whatsoever  that  are,  or  shall  he  by  law  or 
otherwise  vested  in,  owned,  possessed  or  enjoyed  hy,  or 
that  in  anywise  appertain  to  the  Corporation  created  hy 
the  Act  of  Assembly  passed  April  16,  A.  D.  1845,  en¬ 
titled  An  Act  relating  to  the  Controllers  of  the  Public 
Schools  of  the  city  and  county  of  Philadelphia,  shall  he 
vested  in  and  he  held,  possessed  and  enjoyed  hy  the  city 
of  Philadelphia,  subject  to  all  the  trusts,  conditions  and 
ah  moneys  liabilities  now  legally  applicable  thereto,  and  all  sums  of 
andbePafdeiVby  money  due,  payable  to  or  received  by  the  Board  of  Con- 
city  Treasurer,  trollers,  shall  be  paid  into  the  City  Treasury,  and  all  sums 
expended  by  or  for  the  purposes  of  the  Board  of  Con¬ 
trollers,  shall  be  paid  by  the  City  Treasurer  upon  orders 
drawn  under  appropriations  regularly  made  by  Councils. 

Sect.  24.  And  be  it  further  enacted  by  the  authority 
Aldermen,  aforesaid ,  That  there  shall  be  two  Aldermen  in  each  of  the 
ed^neachwSi  wards  of  the  city  of  Philadelphia;  those  Aldermen  and 
Justices  of  the  Peace  who  are  in  office  at  the  time  of  the 
passage  of  this  act,  shall  continue  to  reside  and  hold  their 
offices  within  the  limits  of  the  ward,  township  or  borough 
in  which  they  were  originally  elected.  In  any  ward  of 
the  said  city  where  there  shall  be  more  than  two  Aider- 
men  or  Justices  of  the  Peace  residing  and  holding  their 
offices  at  the  time  of  the  passage  of  this  act,  the  number 
thereof  shall  be  reduced  to  two  as  their  commissions  shall 
respectively  expire,  unless  the  qualified  voters  of  such 
ward  shall  vote  to  increase  the  number  thereof.  The 
Aldermen  of  the  said  city  shall  be  elected  in  each  ward 
by  the  qualified  voters  thereof,  on  the  first  Tuesday  in 
May,  in  accordance  with  the  provisions  of  the  Act  of 
Assembly  of  June  21,  A.  D.  1839,  entitled  “An  Act 
providing  for  the  election  of  Aldermen  and  Justices  of  the 
Peace,”  and  the  acts  supplementary  thereto.  It  shall  be 
lawful  for  Councils  to  designate  and  appoint  as  many  of  the 
Councils  to  Aldermen  of  the  said  city  as  the  public  welfare  may  require, 
Magistrates,  to  be  police  or  committing  magistrates,  who  shall  receive 


27 


such  compensation  as  Councils  may  provide  and  pay,  and  tocb°e“pxe“dsation 
it  shall  not  be  lawful  for  any  Aldermen  in  said  city  to  [see  page’54.] 
take  fees  in  criminal  cases  ;  but  nothing  herein  contained 
shall  be  taken  to  impair  the  powers  or  diminish  the  duty 
of  any  and  all  Aldermen  and  constables  to  be  conservators 
of  the  peace  and  to  execute  the  criminal  lawTs  of  the  Com¬ 
monwealth  :  Provided ,  That  nothing  herein  contained  Proviso, 
shall  be  so  construed  as  to  prohibit  any  Aldermen  now  in 
commission  from  becoming  a  candidate  for  election  to 
that  office. 

Sect.  25.  And  be  it  further  enacted  by  the  authority 
aforesaid ,  Until  otherwise  provided  by  law,  in  all  elections  con^s^eiec- 
for  members  of  Congress  the  qualified  voters  of  the  said tion  of- 
city  shall  continue  to  vote  in  their  respective  Congres¬ 
sional  Districts,  as  now  by  law  established,  as  if  this 
Act  had  not  been  passed ;  and  if  any  election  division 
shall  happen  to  comprise  portions  of  two  congressional 
districts,  an  additional  and  separate  box  shall  be  provided 
for  the  election  of  officers  of  such  division.  Until  other¬ 
wise  provided  by  law,  in  accordance  with  the  provisions 
of  the  Constitution,  the  existing  districts  in  the  city  and  gtate  senators 
county  of  Philadelphia  shall  continue  without  change  for  a£eSRepresenta' 
the  election  of  Senators  and  Representatives  to  the  Legis¬ 
lature  of  Pennsylvania,  and  thereafter  the  said  Repre¬ 
sentatives  may  be  chosen  in  separate  election  districts, 
as  they  shall  be  established  by  law. 

Sect.  26.  And  be  it  further  enacted  by  the  authority 
aforesaid ,  On  the  first  Tuesday  in  June,  A.  D.  1854,  and 
on  the  first  Tuesday  in  May  in  each  year  thereafter,  the 
qualified  voters  of  each  ward  of  the  city  of  Philadelphia 
shall  elect  two  constables  ;  they  shall  be  qualified  as  the 
laws  of  this  Commonwealth  require  such  officers  to  be, 
and  shall,  upon  entering  the  requisite  security,  be  com¬ 
missioned  by  the  Court  of  Quarter  Sessions  of  the  County 
of  Philadelphia ;  they  shall  be  under  and  subject  to  the 
same  legal  penalties,  do  and  perform  all  duties  that  the 
usages  and  laws  of  this  Commonwealth  enjoin  upon  such 
officers :  Provided ,  That  the  qualified  voters  within  the 
Twenty-first,  Twenty-second,  Twenty-third,  and  Twenty- 
fourth  Wards  shall  elect  the  same  number  of  constables^  23d,  2and 
as  are  now  by  law  allowed :  and  the  constables  in  said 24t^  war(is* 
wards  shall  be  elected  by  separate  districts,  each  district 
embracing  the  qualified  voters  of  said  wards  respectively 
residing  within  the  bounds  of  the  present  districts  for 


Constables. 


Election. 


Duties. 


Proviso  rela- 


28 


electing  constables,  in  like  manner  as  if  this  act  had  not 
been  passed. 

Sect.  27.  And  be  it  further  enacted  by  the  authority 
beSaPrpomted  by  aforesaid,  The  Councils  of  said  city  shall  appoint  a  com- 
Counciis.  petent  number  of  skillful  surveyors  and  regulators  to  per- 
page  45.]  ’  form  the  duties  required  by  law  ;  the  duties  of  such  officers 
to  extend  respectively  over  convenient  limits,  to  be 
prescribed  by  said  Councils,  and  said  officers  shall  keep 
a  record  of  their  respective  regulations  for  the  use,  and 
as  the  property  of  said  city,  and  receive  such  compensation 
for  their  services  as  may  be  fixed  by  ordinance,  and  shall 
continue  in  office  during  good  behavior,  and  on  the  termi¬ 
nation  of  their  official  service,  the  records  kept  for  public 
use  shall  be  delivered  up  to  their  successors  in  office. 
to  be  organ-  And  such  number  of  said  surveyors  and  regulators  shall 
lzedmto  a  Board  organize(j  into  a  board  under  a  head  for  such  purposes 
relating  to  surveys,  the  planning  of  the  city,  the  building 
of  bridges,  the  construction  of  sewers  and  grading  of  high¬ 
ways,  as  Councils  may  declare  by  ordinance ;  which  board 
may  hear  by  appeal,  and,  if  neither  party  before  a  hear¬ 
ing  shall  have  appealed  to  court,  shall  finally  decide  upon 
all  questions  of  party  lines,  the  position  and  thickness  of 
party-walls,  of  the  condemnation  thereof  for  insufficiency, 
and  of  the  proper  structure  of  new  buildings  and  the  party- 
walls  thereof,  so  as  to  secure  the  safety  and  health  of  the 
citizens,  under  the  statutes  in  force  in  said  city.  Provided , 
Surveys  ai-  That  nothing  herein  contained  shall  alter  or  interfere 
altered.  with  any  survey  or  regulation  made  or  directed  to  be 
made  under  the  several  laws  of  this  Commonwealth  of 
any  portion  of  the  county  of  Philadelphia,  but  the  same 
shall  be  completed,  or  if  already  confirmed,  shall  remain 
unalterable,  as  therein  provided,  unless  said  alterations 
shall  be  ordered  by  a  resolution  of  said  Councils,  and  ap- 
Except  by  re- proved  by  the  Court  of  Quarter  Sessions,  upon  public 
Councils0  &&  of  notice  previously  given  for  the  space  of  thirty  days  in  at 
least  two  of  the  daily  newspapers  of  the  said  city,  until 
otherwise  provided  by  ordinance.  And  provided  further, 
That  in  any  alteration  that  may  be  made  of  the  regu- 
„  x.  lations  of  any  portion  of  the  city,  in  conformity  with  the 
for  damage.  provisions  of  this  section,  whereby  damage  may  ensue  to 
private  property,  compensation  shall  be  made  for  such 
damage,  to  be  ascertained  and  paid  by  law,  as  in  case  of 
damage  for  opening  streets.  All  official  acts  and  proceed- 
Offidai  acts,  ings  of  the  surveyors  and  regulators  shall  be  returned  to 
^office. remam  the  head  of  the  said  board,  to  remain  in  his  office,  from 


29 


which  certified  copies  shall  be  made  and  furnished  on 
request,  in  the  same  manner  and  for  the  same  compensa-  copies,  how 
tion  as  copies  are  furnished  from  the  land  department  of  furnished, 
this  Commonwealth. 

Sect.  28.  And  be  it  further  enacted  by  the  authority 
aforesaid ,  The  Select  and  Common  Councils  shall  elect  in  to ^eSe^by 
joint  meeting,  bj  viva  voce  vote,  at  the  last  stated  meeting  Councils, 
in  the  month  of  September  next,  sixteen  citizens  having  [Seepage45.] 
proper  knowledge  of  the  duties  for  Port  Wardens,  eight 
of  them  to  serve  for  one  year,  and  eight  of  them  for  two 
years,  from  the  first  day  of  June,  Anno  Domini  1855 ; 
and  thereafter  on  or  before  the  last  stated  meeting  of 
Councils  in  May,  in  each  year,  elect  eight  such  citizens 
to  serve  for  two  years  as  Port  Wardens  from  the  first  day 
of  June  then  next  succeeding,  who,  together  with  the 
Master  Warden,  shall  do  and  perform  the  duties  which  do 
now,  or  may  by  law  or  ordinance  hereafter  belong  to  the 
Port  Wardens.  It  shall  be  the  duty  of  the  said  Councils,  councils  to 
after  the  requisite  surveys  and  soundings  shall  have  been  fixwliarflines- 
made,  to  fix  the  lines  beyond  which  no  wharf  or  pier  shall 
be  constructed,  and  to  keep  the  navigable  waters  within 
said  city  forever  open  and  free  from  obstructions.  The 
City  Councils  shall  authorize  the  construction  of  wharves 
upon  a  plan  and  scale  to  meet  the  demands  of  commerce,  Authority  of 
keep  the  same  and  the  avenues  leading  thereto  open  and  Council^  reia- 
free  from  obstruction ;  and  shall,  moreover,  provide  from 
time  to  time  for  the  more  convenient  selection,  appoint¬ 
ment,  regulation  and  compensation  of  Pilots  navigating  to 
and  from  the  said  city,  and  for  the  greater  security  and 
better  disposition  of  vessels  within  the  port  of  the  same, 
and  they  may  enact  ordinances  for  the  purposes  in  this 
section  mentioned. 

Sect.  29.  And  be  it  further  enacted  by  the  authority 
aforesaid ,  It  shall  be  the  duty  of  the  Sheriff  of  Philadel-  sheriff  to  give 
phia  city  and  county  to  give  notice  of  all  elections  held  eiecSons°f  aU 
under  the  provisions  of  this  act,  designating  the  officers 
to  be  elected,  and  the  time  and  place  of  such  election ; 
such  notice  shall  be  by  proclamation  and  advertisement 
in  at  least  two  daily  newspapers,  published  in  the  city  of 
Philadelphia,  at  least  twenty  and  not  more  than  thirty 
days  prior  to  every  election,  and  the  expenses  of  such 
advertising  shall  be  paid  out  of  the  treasury  of  the  city  of 
Philadelphia.  The  County  Commissioners  of  the  county 
of  Philadelphia  shall  immediately  prior  to  the  first  election 
in  the  city  of  Philadelphia,  and  the  City  Commissioners 


30 


City  Commis¬ 
sioners  to  ap¬ 
point  places  for 
holding  elec¬ 
tions.  and  fur¬ 
nish  papers,  list 
of  taxables,  &c. 


Sheriff’s  du¬ 
ties. 


Elections, 
where  held, 
opening  and 
closing. 


Tickets. 


Each  Ward  to 
he  an  election 
district. 


Election 
officers,  how 
elected. 


thereafter  shall  have  the  respective  places  appointed  for 
holding  such  elections  put  in  convenient  and  proper  order 
for  holding  and  conducting  the  same,  shall  furnish  to  the 
election  officers  of  each  division  the  necessary  blanks, 
stationery,  etcetera,  and  a  list  of  the  taxable  inhabitants 
of  such  division,  and  shall  generally  do  and  perform  such 
duties  appertaining  to  election  as  they  would  be  required 
by  law  or  usage  to  perform,  had  the  elections  or  the  elec¬ 
tion  districts  of  the  said  city  not  been  changed  or  altered. 
Provided ,  That  the  Sheriff  and  the  other  officers  shall  do 
and  perform  all  the  duties  in  relation  to  the  elections 
under  this  law  which  are  enjoined  upon  them  by  the 
general  election  laws  now  in  force,  unless  otherwise  pro¬ 
vided  by  the  act. 

Sect.  30.  And  be  it  further  enacted  by  the  authority 
aforesaid ,  That  the  general,  special,  municipal,  and  all 
other,  except  military,  elections  by  the  qualified  voters  of 
the  city  of  Philadelphia  shall  be  held  in  the  respective 
election  divisions  of  the  wards  of  said  city ;  the  said  elec¬ 
tions  shall  open  at  or  before  eight  o’clock  in  the  morn¬ 
ing  and  close  at  eight  o’clock  in  the  evening,  and  the 
tickets  to  be  voted  at  the  municipal  elections  in  the  city 
of  Philadelphia  shall  be  on  separate  pieces  of  paper,  on 
which  shall  be  written  or  printed  the  name  of  the  office  to 
be  filled,  and  immediately  under  the  name  of  the  office  the 
name  or  names  of  the  person  or  persons  voted  for  to  fill 
such  office ;  in  all  general  and  special  elections  within  the 
city  of  Philadelphia,  each  ward  of  the  said  city  shall  be 
an  election  district,  and  have  a  return  judge,  and  the 
return  judges  of  the  city  of  Philadelphia  shall  meet  at 
the  State  House  in  said  city. 

Sect.  31.  And  be  it  further  enacted  by  the  authority 
aforesaid ,  That  the  election  on  the  first  Tuesday  in  June, 
Anno  Domini  1854,  shall  be  held  and  conducted  by  elec¬ 
tion  officers,  as  follows :  Each  and  every  set  of  officers, 
that  is,  the  judge  and  two  inspectors,  who  shall  have  been 
respectively  elected  at  the  same  poll,  and  who  shall  reside 
within  the  several  wards  respectively  as  fixed  by  the 
second  section  of  this  act,  shall  hold  and  conduct  the 
election  at  one  of  the  election  divisions  of  such  ward ;  and 
if  it  shall  so  happen  that  all  the  election  officers  who  shall 
have  been  elected  at  the  same  poll  shall  not  reside  within 
the  bounds  of  any  one  of  the  wards  fixed  by  the  second 
section  of  this  act,  then  and  in  that  case  such  set  of 
officers  shall  act  as  aforesaid  in  the  ward  in  which  a  ma- 


31 


jority  of  such  officers  shall  reside.  The  said  officers  by 
sets,  and  not  individually,  shall,  in  case  of  difficulty  or 
misunderstanding,  determine  by  lot  the  election  division 
in  which  they  shall  act.  The  Court  of  Common  Pleas  of  mo™pi°i?OIto 
Philadelphia  county  is  hereby  vested  with  power  to  settle  setue^ue^ions 
summarily  any  question  that  may  arise  concerning  the  ducting  Eiec- 
officers  to  conduct  said  elections,  and  also  to  direct,  ac- tlons" 
cording  to  the  true  intent  and  spirit  of  this  act,  which  set 
of  election  officers  shall  act  as  aforesaid  in  any  case  or 
exigency  which  may  arise  or  exist,  not  provided  for  by 
this  act ;  and  any  vacancy  that  shall  exist  and  continue 
for  half  an  hour  after  the  earliest  time  fixed  by  law  for 
opening  the  polls,  shall  be  filled  in  the  manner  now  pro¬ 
vided  by  law;  and  on  the  first  Tuesday  in  June  aforesaid, 
and  on  the  first  Tuesday  in  May  in  each  year  thereafter, 
the  qualified  voters  of  each  of  said  election  divisions 
shall  elect,  in  the  manner  prescribed  by  law,  one  person 
to  serve  as  judge  and  two  persons  to  serve  as  inspectors  of 
elections  for  one  year,  each  voter,  however,  to  vote  for 
one  inspector. 

Sect.  32.  And  be  it  further  enacted  by  the  authority 
aforesaid ,  That  it  shall  be  the  duty  of  the  judge  of  elec¬ 
tion  in  every  election  division  of  said  city  at  every  general,  Duties  0f 
municipal  and  special  election,  to  make  out  and  sub-^|es  ofElec' 
scribe  on  the  night  of  such  election,  a  certificate  of  all  the 
votes  given  at  such  election  division,  for  every  office  voted 
thereat ;  and  it  shall  be  the  duty  of  the  judge  to  deliver 
the  same  to  the  Prothonotary  of  the  Court  of  Common 
Pleas  on  the  day  succeeding  such  election,  before  noon  of 
that  day,  which  certificates  shall  be  open  to  the  inspec¬ 
tion  of  any  citizen ;  and  any  judge  who  shall  fail  to  de¬ 
liver  such  certificate  as  aforesaid,  to  the  said  Prothonotary, 
shall  forfeit  fifty  dollars.  And  the  said  Prothonotary  shall,  DEte°! of7Pro- 
on  the  second  day  after  such  election,  make  out  and  thonotary  ofthe 
deliver  to  the  Sheriff  of  the  said  county  a  certified  list  of  mon  Pleas, 
the  judges  of  each  and  every  division  from  which  such 
certificate  shall  not  have  been  received  as  aforesaid,  with 
a  precept  to  the  said  Sheriff  to  levy  and  collect  the  said 
penalty  from  the  said  judges  as  is  now  practiced  and 
allowed  in  cases  of  fines  imposed  upon  defaulting  jurors, 
provided  that  the  said  Court  may,  upon  good  cause  shown, 
remit  such  fines.  And  in  case  any  such  certificate  shall 
not  have  been  placed  in  the  office  aforesaid,  by  noon  of 
the  day  aforesaid,  the  said  Court  may,  on  application  of 
any  citizen,  issue  an  attachment  against  the  judge  or 


32 


judges  in  default,  to  compel  the  production  and  filing  of 
such  certificate. 

Sect.  33.  And  be  it  further  enacted  by  the  authority 
eiect?Jn?in<how  aforesa^ >  That  the  municipal  elections  of  the  city  of 
conducted.  Philadelphia  shall  be  conducted  in  the  manner  required 
by  the  Act  of  Assembly  of  July  second,  Anno  Domini 
1839,  entitled  An  Act  relating  to  the  elections  of  this 
Commonwealth,  and  its  Supplements.  As  soon  as  the 
Election  Re-  votes  given  at  each  division  are  counted,  duplicate  returns 
thereof  shall  be  made  out  by  the  officers  of  such  division  ; 
one  copy  shall  be  deposited  in  one  of  the  ballot  boxes,  as 
required  by  section  seventy-four  of  the  act  aforesaid,  the 
other  copy  shall  be  used  for  the  purpose  of  making  up 
full  returns  of  the  ward :  and  the  said  last  copy,  together 
with  a  full  and  complete  return  of  the  votes  given  in^such 
ward,  signed  by  the  judges  thereof,  shall  be  filed  by  one 
of  the  judges  in  the  office  of  the  Prothonotary  of  the 
Court  of  Common  Pleas  of  Philadelphia  county  as  herein¬ 
after  provided. 

Sect.  34.  And  be  it  further  enacted  by  the  authority 
aforesaid ,  That  the  returns  of  all  municipal  elections  in 
Manner  of  the  city  of  Philadelphia,  and  the  certificates  to  be  given 
turns?”  °u  re  to  persons  elected,  shall  be  made  out  in  the  following  man¬ 
ner,  to  wit :  Two  complete  copies  of  a  return  of  all  the 
votes  given  in  each  division,  and  a  certificate  of  election 
to  each  of  the  persons  elected  to  office  in  such  division, 
shall  be  made  out  and  signed  by  the  judge,  inspectors  and 
clerks  of  such  divfsion ;  and  on  the  day  succeeding  the 
election,  at  nine  o’clock,  A.  M.,  the  judges  and  inspectors 
of  all  the  divisions  of  the  ward  shall  meet  and  make  out  a 
return  of  all  the  votes  given  in  such  ward,  and  a  certifi¬ 
cate  of  election  for  each  of  the  persons  elected  to  office  in 
such  ward,  which  returns  and  certificates  shall  be  signed 
by  the  judges  of  such  ward,  or  a  majority  of  them ;  the 
judges  shall  then  designate  one  of  their  number  to  be  a 
return  judge,  and  shall  give  him  an  accurate  copy  of  the 
returns  of  the  votes  given  in  such  wards  for  each  munici- 
Keturn  Judges  pal  officer  voted  for,  and  the  return  judges  of  the  several 
wards  shall  meet  at  the  State  House  at  ten  o’clock  in  the 
morning  of  the  Thursday  succeeding  the  day  of  election, 
and  shall  then  and  there,  in  the  manner  provided  in  the 
seventy-eighth  section  of  the  Act  of  Assembly  of  July 
second,  Anno  Domini  one  thousand  eight  hundred  and 
Their  duties,  thirty-nine,  aforesaid,  proceed  to  add  together  the  num¬ 
ber  of  votes  given  in  the  several  wards  for  the  several 


S3 


officers  voted  for,  and  shall  make  out  full  and  complete 
returns  of  said  votes,  and  a  certificate  of  election  to  the  per¬ 
sons  elected,  which  returns  shall,  immediately  upon  the 
adjournment  of  the  return  judges,  he  by  the  President 
thereof  filed  in  the  office  of  the  Prothonotary  of  the  Court 
of  Common  Pleas  ;  the  certificates  of  election  for  the 
ward  and  division  officers  shall  be  delivered  to  the  persons 
elected,  by  the  constables  of  the  ward,  within  three  days 
after  the  election,  and  the  certificates  for  the  other  officers 
voted  for  shall  be  delivered  to  them  by  the  sheriff  or  his 
deputy,  within  two  days  after  the  meeting  of  the  return 
judges.  The  places  for  the  meetings  of  the  said  judges  riaccs  of meet- 
and  inspectors  in  said  wards,  for  the  purposes  aforesaid, 1Dgs' 
shall  be  determined  by  a  majority  of  those  who  are 
required  to  meet. 

Sect.  35.  And  be  it  further  enacted  by  the  authority 
aforesaid ,  That  the  returns  of  all  municipal  elections  in  for  PconTeSg 
the  city  of  Philadelphia,  except  of  members  of  the  Select  elections, 
and  Common  Councils,  shall  be  subject  to  the  inquiry  and 
determination  of  the  Court  of  Common  Pleas  of  the  county 
of  Philadelphia,  upon  complaint  of  fifteen  or  more  of  the 
qualified  voters  of  the  proper  ward  or  division,  or  in  the 
case  of  Mayor,  Treasurer,  City  Controller,  Receiver  of 
Taxes,  City  Solicitor,  or  City  Commissioner,  by  at  least 
fifty  of  the  qualified  voters  of  the  said  city,  which  com¬ 
plaint  shall  be  filed  in  the  said  Court  within  twenty  days 
after  such  election ;  and  at  least  two  of  the  complainants 
shall  take  and  subscribe  an  oath  or  affirmation,  that  the 
facts  set  forth  in  such  complaint  are  true  ;  and  the  said 
Court,  in  judging  of  such  elections,  shall  proceed  upon  the 
merits  thereof,  and  determine  finally  concerning  the  same, 
according  to  the  laws  of  this  Commonwealth,  and  shall 
have  power,  if  they  believe  such  complaint  to  have  been 
made  without  sufficient  cause,  to  decree  that  the  com¬ 
plainants,  or  any  one  or  'more  of  them,  shall  pay  all 
legal  costs  incurred  by  such  investigation.  The  Select 
and  Common  Councils  respectively,  shall  in  like  manner  jud|Ju™[s 
as  each  branch  of  the  Legislature  of  this  Commonwealth,  terming  upon 
judge  and  determine  upon  the  qualifications  of  their  mem-  tions  2?  athefr 
bers.  The  trial  of  a  contested  election  shall  be  held  and  members‘ 
conducted  and  be  proceeded  with  in  the  manner  set  forth 
in  the  several  sections  of  the  Act  of  Assembly  passed  July 
second,  Anno  Domini  one  thousand  eight  hundred  and  Trial  of  con- 
thirty-nine,  providing  for  the  trial  of  contested  elections 
of  the  Senate  and  House  of  Representatives,  excepting 


34 


that  the  committee  shall  he  seven  in  Select  and  eleven  in 
Common  Council.  No  complaint  of  an  undue  election  or 
false  return  shall  he  acted  upon,  unless  presented  within 
ten  days  after  the  organization  of  Councils,  nor  unless 
signed  by  at  least  fifteen  qualified  voters  of  the  proper 
ward,  at  least  three  of  whom  shall  take  and  subscribe  an 
oath  or  affirmation  that  the  facts  set  forth  in  said  petition 
or  complaint  are  true. 

Sect.  36.  And  be  it  further  enacted  by  the  authority 
Time  of  hold-  aforesaid ,  That  the  elections  within  the  city  and  county  of 
fixed.  Philadelphia,  which,  according  to  existing  laws,  are  held 

on  the  third  Friday  in  March  in  every  year,  shall,  in  the 
year  1854,  be  held  on  the  first  Tuesday  in  June,  and 
Terms  of  office,  thereafter  on  the  first  Tuesday  in  May,  and  the  terms  of 
all  commissioners  and  officers  heretofore  elected  in  March, 
and  now  in  office,  which  would  by  law  expire  before  the 
first  Tuesday  in  June,  are  hereby  extended,  and  they  shall 
continue  in  office  until  their  successors  are  duly  chosen 
and  qualified  by,  and  in  pursuance  of  the  elections  held 
on  the  first  Tuesday  in  June,  as  aforesaid,  and  until  they 
shall  be  superseded  in  manner  hereinbefore  provided. 

Sect.  37.  And  be  it  further  enacted  by  the  authority 
Transfer  of  aforesaid,  All  the  right,  title  and  interest  of  the  several 
property,  &c.,  townships,  districts,  and  other  municipal  corporations 
townships,  dis-  mentioned  in  this  act,  of,  in,  and  to  all  the  lands,  tene- 
rations^o  “>The  ments,  hereditaments,  bridges,  ferries,  railroads,  wharves, 
phia»fPhiladel  mar^e^  landings,  landing  places,  water  works,  gas 

works,  buildings,  easements,  and  franchises  of,  in, 
and  to  all  goods,  chattels,  moneys,  effects,  debts,  dues, 
demands,  amercements,  fees,  perquisites,  rights,  incomes, 
bonds,  obligations,  judgments,  liens,  actions  and  rights  of 
action,  books,  accounts,  and  vouchers,  and  of,  in,  and  to  all 
other  property  and  estate  whatsoever  and  wheresoever,  be¬ 
longing  to  any  or  either  of  them,  be  and  they  are  hereby 
vested  in  the  city  of  Philadelphia,  to  take  effect  on  the  first 
Trusts,  how  organization  of  the  City  Councils.  Provided ,  That  all  the 
to  be  managed.  estates  and  incomes  now  held  in  trust  by  the  county 
(present  city)  and  each  of  the  townships,  districts,  and 
other  municipal  corporations  united  by  this  act,  shall  be 
held  by  the  city  of  Philadelphia,  upon,  and  for  the  same 
uses,  trusts,  limitations,  charities  and  conditions,  as  the 
same  are  now  held  by  the  said  corporations  respectively. 

Sect.  38.  And  be  it  further  enacted  by  the  authority 
aforesaid ,  That  the  net  debt  of  the  county  of  Philadelphia, 
after  deducting  and  cancelling  the  portion  held  by  the 


35 


sinking  fund  and  the  several  net  debts  of  the  guardians 
for  the  relief  and  employment  of  the  poor  of  the  city  of  Debt  of  the 
Philadelphia,  the  district  of  Southwark,  and  the  townships  SnTcoSida- 
of  the  Northern  Liberties  and  Penn,  of  the  Mayor,  Alder- ted* 
men  and  citizens  of  Philadelphia,  of  the  Commissioners 
and  inhabitants  of  the  district  of  Southwark,  of  the  Com¬ 
missioners  and  inhabitants  of  the  district  of  Moyamensing, 
of  the  Commissioners  and  inhabitants  of  the  Kensington 
district,  of  the  Commissioners  and  inhabitants  of  the 
incorporated  district  of  the  Northern  Liberties,  of  the 
Commissioners  and  inhabitants  of  the  district  of  Spring 
Garden,  of  the  Commissioners  and  inhabitants  of  Rich¬ 
mond,  in  the  county  of  Philadelphia,  the  districts  of  West 
Philadelphia  and  Belmont,  of  the  boroughs  of  Whitehall, 

Manayunk,  Germantown,  Aramingo  and  Frankford,  and 
of  the  Commissioners  and  inhabitants  of  the  district  of 
Penn,  and  the  Board  of  Health  and  Controllers  of  the 
Public  Schools,  after  deducting  and  cancelling  the  portions 
held  by  the  respective  sinking  funds  of  the  said  several 
corporations,  is  hereby  consolidated  and  formed  into  one 
debt,  to  be  called  the  debt  of  the  city  of  Philadelphia,  and 
payable  at  the  same  times  that  the  principals  of  said  debts 
are  now  made  payable,  certificates  of  which  said  debts  are 
to  be  issued  in  sums  of  not  less  than  one  hundred  dollars, 
in  lieu  of  the  present  separate  debts  so  consolidated,  to 
the  respective  owners  in  lieu  of  their  present  certificates 
of  the  same,  at  the  option  of  such  owners,  bearing  the 
same  rate  of  interest  that  the  debts  so  to  be  exchanged 
now  bear,  and  payable  on  the  first  days  of  January  and 
July,  at  the  office  of  the  Treasurer  of  the  city  of  Phila¬ 
delphia.  There  shall  be  annually  raised  by  tax,  in  addition  Smkmg  fund- 
to  the  income  of  the  corporation  property,  a  sufficient  sum 
to  discharge  the  annual  interest  on  the  said  consolidated 
city  debt,  and  no  debt  shall  be  incurred  or  loans  made  by 
the  said  city,  without  a  cotemporaneous  appropriation  of 
a  sufficient  annual  income  or  tax,  exclusive  of  loans,  to  pay 
the  interest  and  sink  the  principal  of  such  debt  in  thirty 
years. 

Sect.  39.  And  be  it  further  enacted  by  the  authority 
aforesaid ,  That  the  fiscal  year  of  the  city  of  Philadelphia,  commSce^iS 
the  Board  of  Guardians  of  the  Poor  of  the  city  of  Phila-  Januair- 
delphia,  the  Board  of  Health,  and  of  the  Controllers  of 
Public  Schools  of  the  city  of  Philadelphia,  and  Inspectors 
of  Prison,  shall  commence  on  the  first  day  of  January  in 
each  and  every  year.  It  shall  be  the  duty  of  the  Board  of 


36 


Councils 
leyy  tax. 


Guardians  of  the  Poor  to  furnish  the  Councils  of  the  city  of 
Philadelphia,  on  or  before  the  first  day  of  March  in  every 
year,  an  estimate  of  the  amount  that  in  their  judgment  will  be 
ap^op5Httons°f  required  during  the  current  fiscal  year  for  the  maintenance 
to  be  presented  anJ  support  of  the  alms-house  establishment  of  the  said 
board ;  and  the  Controllers  oi  Public  Schools,  and  the 
Board  of  Health,  the  Port  Wardens,  and  Inspectors  of  the 
Prisons,  severally,  shall,  in  like  manner,  on  or  before 
the  same  day  in  each  year,  furnish  to  the  said  Councils 
the  amount  that  in  their  judgment  will  be  necessary  for 
the  support  of  public  schools  and  the  necessary  expenses 
of  the  Board  of  Health,  the  Port  Wardens,  and  Inspectors 
t0  of  the  Prison,  respectively,  for  the  current  fiscal  year  ; 
and  the  said  City  Councils  shall  fix  the  rate  and  levy  all 
the  taxes  now  authorized  by  law  within  the  limits  of  said 
city  and  county,  except  the  State  tax,  and  direct  the 
amount  to  be  applied  and  paid  by  the  City  Treasurer  to 
health,  school,  poor,  city  and  other  purposes,  according 
to  law.  „  The  said  taxes  shall  be  voted  so  as  to  show  how 
much  is  raised  for  said  objects  respectively ;  they  shall  be 
ah  taxes  to  co^ecte(i  and  accounted  for  to  the  Treasurer  as  one  city 
bepaidtotheRe-  and  county  tax.  The  said  tax,  and  all  State  taxes  accruing 
ceiAiiowin^eXfor  within  said  city  limits,  shall  be  paid  to  the  Receiver  of 
and  all  allowance  made  by  law  for  the  collection 
and  prompt  payment  of  the  State  tax  shall  accrue  to  the 
city  treasury  for  the  use  of  the  city.  Provided ,  That  the 
city  councils  said  City  Councils  shall  so  discriminate  in  laying,  said 
as  re?ardsinthe  city  tax^s  as  not  to  impose  upon  the  rural  portions  those 
districts  in  expenses  which  belong  exclusively  to  the  built  portions  of 
[See  page  50.J  said  city ;  for  which  purpose  the  assessors  shall  distinguish 
in  their  returns  what  properties  are  within  agricultural  or 
rural  sections,  not  having  the  benefit  of  lighting,  watching, 
and  other  expenditures  for  purposes  exclusively  belonging 
to  built  portions  of  said  city ;  and  all  lands  within  said 
agricultural  or  rural  districts,  used  for  the  purpose  of 
cultivation  or  farming,  shall  be  assessed  as  farm  land. 
And  'provided ,  That  no  money  shall  be  hereafter  borrowed 
reiatw^t^ma-  on  the  faith  and  credit  of  said  city,  unless  the  ordinance 
klfsgee°page  52.]  or  other  authority  authorizing  the  same,  shall  have  been 
introduced  at  one  stated  meeting  of  the  Common  Council, 
and  the  draft  thereof  published  in  at  least  two  of  the 
newspapers  of  the  city,  daily,  for  four  weeks  before  the 
final  consideration  and  passage  thereof  by  the  said  Com¬ 
mon  Council.  And  at  any  stated  meeting  of  the  Select 
Council,  held  at  least  one  week  after  the  final  consideration 


State  Tax  to  ac-  HTo  voa 
erue  to  the  city.  Xd,At;a 


37 


Paying  streets 
and  laying  wa- 


of  any  such  ordinance  by  the  Common  Council,  the  Select 
Council  may  consider  and  act  upon  any  such  ordinance ; 
but  the  Select  Council  shall  not  originate  any  ordinance 
or  other  authority  for  borrowing  money,  and  no  loans 
shall  be  authorized  without  a  vote  of  two-thirds  of  the 
whole  number  of  the  members  of  each  Council.  And 
provided  also ,  That  it  shall  be  the  duty  of  the  City  Coun-  prov^en  public 
cils  to  obtain  by  dedication  or  purchase  within  the  limits  squares, 
of  the  said  city,  an  adequate  number  of  squares  or  other 
areas  of  ground,  convenient  of  access  to  all  its  inhabitants, 
and  lay  out  and  maintain  such  squares  and  areas  of 
ground  as  open  public  places,  for  the  health  and  enjoyment 
of  the  people  forever. 

Sect.  40,  And  be  it  further  enacted  by  the  authority 
aforesaid ,  That  it  may  be  prescribed  by  ordinance  that 
paving  of  streets,  except  at  the  intersections  thereof,  and  ter  pipes,  sto  be 
of  footways,  and  laying  of  water  pipes  within  the  limits  pense  of  owners 
of  the  city,  shall  be  done  at  the  expense  of  the  owners  of of  ProPerty* 
the  ground  in  front  whereof  such  work  shall  be  done,  and 
liens  may  be  filed  by  the  said  city  for  the  same  as  is  now 
practised  and  allowed  by  law. 

Sect.  41.  And  be  it  further  enacted  by  the  authority 
aforesaid ,  That  the  county  of  Philadelphia  shall  continue  to  PM^ai  of 
be  one  of  the  counties  of  this  Commonwealth,  and  all 
county  officers  not  superseded  by  this  act,  shall  continue  county  offi- 
in  office,  and  continue  to  be  elected  and  voted  for  at  the  seded  to  conti- 
places  of  election  provided  for  by  this  act,  as  in  other  re-  nue  m  offlce‘ 
spects  now  provided  by  law,  and  be  denominated  officers 
of  the  county  of  Philadelphia ;  and  all  courts  shall  con¬ 
tinue  therein  to  exercise  the  jurisdiction  and  powers  now 
conferred  upon  them  by  the  constitution  and  laws  of  this 
Commonwealth,  and  the  Councils  of  said  city  and  the 
officers  thereof  shall  exercise  all  the  powers  and  authori-  countytSmmi? 
ties  of  the  superseded  County  Commissioners  and  County  sioners  and 
Board,  and  Commissioners  of  Sinking  Fund,  and  of  other  JStedUn  couS 
officers  not  inconsistent  with  this  act,  in  such  way  and  Clls- 
manner  as  by  this  act  is,  or  by  the  City  Councils  may  be 
established. 

Sect.  42.  And  be  it  further  enacted  by  the  authority 
aforesaid ,  That  the  Select  and  Common  Councils  of  the  Councils  to 
city  of  Philadelphia  shall  be,  and  they  are  hereby  author-  SaDepeartment 
ized  and  directed  to  organize  a  police  department  in  and  ?ZedrFyirersre- 
for  the  said  city,  and  may  organize,  if  necessary,  a  fire  Partment- 
department,  subordinate  to  or  independent  of  that  of 
police,  and  to  make,  ordain  and  establish  all  needful  laws 


38 


Laws  relating 
to  tax  collectors 
repealed. 


Power  of  City 
to  collect  debts, 
etc.,  transferred 
from  the  several 
districts,  etc. 


Existing  laws 
continued  until 
repealed. 


Powers  of 
Councils  to  ex¬ 
tend  the  opera¬ 
tion  of  laws  in 
force  to  other 
parts  of  the  new 
city. 


Ordinances  to 
be  published. 

[See  page  50.] 


and  ordinances  for  the  regulation  thereof,  and  for  the 
preservation  of  the  public  peace,  the  suppression  of  riots 
and  disturbances,  and  for  the  extinguishment  of  fires  and 
the  protection  of  property  thereat,  and  for  this  purpose 
the  said  Councils  shall  he  and  hereby  are  vested  with 
ample  power  and  authority  in  the  premises. 

Sect.  43.  And  be  it  further  enacted  by  the  authority 
aforesaid ,  That  all  laws  providing  for  the  appointment  of 
tax  collectors  within  the  said  city  of  Philadelphia,  and  all 
other  laws  altered  or  supplied  by  this  act,  are  hereby 
repealed.  Provided ,  however ,  That  the  city  of  Phila¬ 
delphia  shall  have  and  possess  all  and  every,  the  full 
power,  right  and  authority  to  collect  all  the  debts,  de¬ 
mands  and  property  of  all  and  every  kind  transferred  to 
and  vested  in  the  said  city  by  virtue  of  this  act,  as  if  the 
corporations  hereby  dissolved  were  not  extinct,  and  all 
suits  to  be  brought  therefor  shall  be  in  the  name  of  the 
city  of  Philadelphia,  as  if  the  same  had  been  originally 
vested  in  the  said  city. 

Sect.  44.  And  be  it  further  enacted  by  the  authority 
aforesaid ,  That  all  acts  of  the  Legislature  not  inconsistent 
with  this  act,  now  in  force,  shall  continue  in  operation 
within  the  limits  of  the  county,  city,  district,  borough  or 
township  in  which  they  are  now  operative,  under  the 
authority  of  the  City  Councils,  courts  and  officers  created 
by  this  act  or  permitted  to  continue  as  consistent  there¬ 
with,  until  such  acts  shall  be  altered  or  repealed  by  the 
Legislature.  Provided ,  That  the  City  Councils  shall 
have  power  by  ordinance  to  extend  the  operation  of  laws 
now  in  force  within  the  city,  police  or  municipal  districts, 
to  other  parts,  or  over  the  whole  of  the  enlarged  limits, 
and  to  declare  what  laws  have  become  obsolete  by  this 
act,  or  the  extension  as  aforesaid  of  other  law's.  All 
ordinances  of  the  present  city  of  Philadelphia  and  other 
municipalities  within  the  county  of  Philadelphia,  shall 
continue  in  force  within  the  limits  of  said  city  and  muni¬ 
cipalities  respectively,  until  repealed  by  said  Councils,  and 
no  longer :  and  said  Councils  in  enacting  new  ordinances 
may  make  such  distinctions  between  the  built  and  rural 
portions  of  the  new  city  as  they  may  deem  required  by 
circumstances.  It  shall  be  the  duty  of  Councils  to  cause 
the  laws  and  ordinances  of  said  city,  as  they  shall  be 
framed  and  adopted  under  this  act,  to  be  published  for 
the  information  of  the  citizens,  and  to  present  copies 
thereof  to  the  Executive,  the  State  Library,  and  each 


39 


member  of  the  present  Legislature  and  the  Legislature 
to  convene  next  after  the  publication,  and  to  make  appli¬ 
cation  for  such  further  legislation  as  shall  thereupon  be 
found  necessary. 

Sect.  45.  And  be  it  further  enacted  by  the  authority 
aforesaid ,  That  all  officers  elected  by  the  qualified  voters 
under  this  act  shall  be  subject  to  removal  from  office  on 
impeachment  for  misdemeanor  in  office,  or  other  sufficient 
cause,  on  charges  to  be  preferred  by  the  Common  Council 
and  tried  by  the  Select  Council  in  manner  prescribed  by 
the  constitution  and  laws  of  this  Commonwealth,  as  to  the 
impeachment  by  the  House  of  Representatives  and  trial 
thereof  by  the  Senate.  All  officers  shall  be  subject  to 
removal  for  sufficient  cause  in  such  manner  as  Councils 
may  determine. 

Sect.  46.  And  be  it  further  enacted  by  the  authority 
aforesaid ,  That  the  City  Councils  shall  fix  the  compensa¬ 
tion  and  prescribe  the  duties  of  all  officers  of  said  city  in 
such  manner  as  to  carry  out  the  purposes  of  this  act,  and 
as  the  welfare  of  said  city  may  require,  not  inconsistent 
with  the  laws  and  constitution  of  this  Commonwealth  and 
of  the  United  States.  Whenever  any  elective  officer  of 
said  city  shall  die,  or  become  incapable  of  fulfilling  the 
duties  of  his  office,  his  place,  except  where  other  provision 
is  made  for  filling  the  vacancy,  shall  be  filled  by  a  joint 
vote  of  the  City  Councils,  until  the  next  city  election  and 
the  qualifications  of  a  successor  in  the  office.  Provided , 
That  such  vacancy  shall  exist  at  least  thirty  days  before 
the  next  city  election,  otherwise  such  vacancy  shall  be 
filled  at  the  next  election  thereafter. 

Sect.  47.  And  be  it  further  enacted  by  the  authority 
aforesaid ,  That  no  salary  of  any  officer  to  be  elected  ac¬ 
cording  to  the  provisions  of  this  act,  by  the  qualified  voters 
of  the  city  hereby  incorporated,  shall  be  increased  or  re¬ 
duced  by  any  act  or  ordinance  to  take  effect  during  the 
term  for  which  he  shall  have  been  elected  ;  and  in  all  cases 
where  the  salary  of  any  officers  shall  not  be  fixed  by  law,  it 
shall  be  fixed  by  Councils.  Provided ,  That  it  shall  not 
be  lawful  for  Councils,  at  any  time,  to  pass  an  ordinance 
or  by  other  means  provide  for  the  payment  of  any  money 
in  the  shape  of  per  diem  pay  or  compensation  of  any  kind, 
for  services  rendered  by  them  in  their  capacity  as  council- 
men,  or  members  of  committees  emanating  from  Councils 

Sect.  48.  And  be  it  further  enacted  by  the  authority 
aforesaid ,  That  no  person  shall,  at  the  same  time,  be  a 


To  apply  for 
farther  legislar 
tion. 


Impeachment 
of  officers. 


Removal  of 
officers. 


Compensation 
and  duties  of 
officers  to  he 
fixed  by  Coun¬ 
cils. 


Vacancies, 
how  filled. 


Salaries,  not 
increased  or  re¬ 
duced  during 
term. 


No  pay 
or  compensa¬ 
tion  for  Coun¬ 
cils. 


40 


Incompatible 

offices. 

[See  page  54.] 


Officers  to 
give  bond. 


Make  returns 
to  City  Con¬ 
troller  under 
oath. 


Controller 
to  administer 
oath. 


Perjury. 


Councils  by 
ordinance  to 
establish  de¬ 
partments  in¬ 
dicated  by  this 
Act. 


Councilmen 
not  to  perform 
any  executive 
duty. 


member  of  more  than  one  of  the  following  bodies,  towut: 
The  City  Councils,  the  Guardians  of  the  Poor,  the  Board  of 
Health,  the  Controllers  of  the  Public  Schools,  the  Directors 
of  the  Public  Schools,  and  the  Inspectors  of  the  County 
Prison ;  nor  shall  any  person  be  a  member  of  any  of  these 
bodies,  who  is  at  the  same  time  a  salaried  officer  under  the 
same  or  under  any  of  them :  Provided ,  That  this  shall  not 
be  construed  so  as  to  prevent  a  Controller  of  the  Public 
Schools  from  being  at  the  same  time  a  School  Director. 

Sect.  49.  And  be  it  further  enacted  by  the  authority 
aforesaid ,  That  every  officer  or  agent  receiving  moneys 
for  the  city,  and  payable  to  the  City  Treasurer,  shall  give 
bond  for  the  faithful  performance  of  his  duty,  and  shall  be 
required  to  make  return  to  the  City  Controller  once  in 
every  week,  or  oftener,  if  Councils  shall  direct,  under  oath 
or  affirmation,  of  each  item  of  the  moneys  received  by  him, 
and  immediately  upon  making  such  return,  to  pay  the 
amount  in  his  hands  to  the  City  Treasurer.  The  said 
City  Controller  is  hereby  authorized  to  administer  such 
oath  or  affirmation,  and  any  person  falsely  making  such 
oath  or  affirmation,  or  guilty  of  falsehood  in  any  other 
oath  or  affirmation  required  by  the  provisions  of  this  act, 
or  by  any  ordinance  of  Councils  made  in  pursuance 
thereof,  shall  be  guilty  of  perjury. 

Sect.  50.  And  be  it  further  enacted  by  the  authority 
aforesaid ,  That  it  shall  be  the  duty  of  the  City  Councils 
to  provide  by  ordinance  for  the  establishment  and  regula¬ 
tion  of  all  the  departments  indicated  by  this  act  and  other 
laws  in  force  in  said  city,  under  the  proper  heads,  and 
with  the  necessary  clerks,  officers,  and  assistants,  to  wit : 
For  lawq  police,  finance,  surveys,  highways,  health,  water, 
gas,  fire,  the  poor,  the  city  property  and  the  public  grounds, 
and  such  others  as  may  from  time  to  time  be  needful;  and, 
through  the  Mayor  and  proper  committees,  the  said  Coun¬ 
cils  shall  maintain  a  supervision  of  each  department, 
whether  corporate  or  otherwise,  and  over  the  Inspectors 
of  the  County  Prison,  for  the  exposure  and  correction  of 
all  evils  and  abuses,  and  for  that  purpose  may  require  the 
production  of  and  inspect  all  books  and  papers,  and  the 
attendance  of  witnesses  by  subpoena,  and  examine  them 
under  oath  or  affirmation ;  but  no  member  or  members  of 
Council,  whether  as  a  committee  or  otherwise,  shall  make 
any  disbursement  of  corporate  moneys,  nor  audit  the  ac¬ 
counts  thereof,  nor  perform  any  ther  executive  duty  what¬ 
ever:  Provided ,  however ,  That  all  officers  who,  by  force 


41 


of  any  ordinance,  may  have  charge  or  authority  in  the 
assessment  or  collection  of  taxes,  or  the  appropriation  or  officers  to  be 
disbursement  of  moneys,  shall  be  elected  by  the  popular  iarCyote!>ypopu* 
vote  on  the  first  Tuesday  of  May  of  each  year. 

Sect.  51.  And  be  it  further  enacted  by  the  authority 
aforesaid ,  That  if  any  Councilman,  Guardian  of  the  Poor, 
member  of  the  Board  of  Health,  Controller  or  Director  of 
the  Public  Schools,  or  Warden,  Inspector  of  the  Prison, 
or  any  other  member,  officer  or  agent  of  the  said  City  a  enf°or°  dS 
Corporation,  or  of  any  corporation  or  department  by  this  to  be  interested 
act  recognized,  or  clerk  therein,  shall  at  any  time  be  directly  in  any  contract* 
or  indirectly  interested  in  any  sale  to,  or  contract  for  sup¬ 
plies  to  be  furnished  to  said  city,  or  to  any  corporation  or 
department  by  this  act  recognized  or  placed  under  the 
supervision  of  Councils,  of  which  he  shall  be  a  member,  or 
officer,  clerk,  or  agent,  or  shall  receive  any  gratuity,  money 
or  property  whatsoever,  by  reason  of  such  sale  or  contract, 
or  shall  take  any  fee  beyond  that  prescribed  by  law,  he, 
if  a  Councilman,  or  elective  officer,  or  officer  appointed  by 
court,  shall  be  impeached  in  manner  hereinbefore  provided, 
and  if  found  guilty  shall  forfeit  and  vacate  his  seat ;  and 
if  any  officer  or  clerk  appointed  by  Councils,  shall  be  re¬ 
moved  from  his  office  or  appointment ;  and  any  vendor  or  Penalties- 
contractor  participating  in  such  act,  shall  be  incapable  of 
recovering  any  demand  thus  infected  by  fraud,  and  all  such 
offenders  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  of  such  offence  in  the  Court  of  Quarter 
Sessions  for  said  city  and  county,  shall  be  fined  and  im¬ 
prisoned  at  the  discretion  of  said  Court. 

Sect.  52.  And  be  it  further  enacted  by  the  authority 
aforesaid ,  That  the  meetings  of  the  said  City  Councils,  ot£™: bodies^to 
and  all  corporations  and  boards  authorized  or  recognized  sit  with  open 
as  existing  under  this  act,  except  the  Board  of  Health  and 
Board  of  Inspectors  of  County  Prison,  shall  be  at  all  times 
open  and  accessible  to  all  citizens  deporting  themselves 
with  order  and  decorum. 

Sect.  53.  And  be  it  further  enacted  by  the  authority 
aforesaid ,  That  nothing  in  this  act  contained  shall  be  so  Railroad  snb- 
construed  as  to  relieve  the  said  city  of  Philadelphia,  as  binding?8 10  be 
hereby  extended,  from  any  engagement  or  contract  here¬ 
tofore  made  by  authority  of  the  City  Councils,  to  subscribe 
to  the  capital  stock  of  any  railroad  company  under  any 
law  of  this  Commonwealth ;  and  all  ordinances  heretofore 
passed  by  the  said  city,  or  by  any  of  the  municipalities 
or  districts  hereby  consolidated,  and  in  force  at  the  time 


42 


Laws  autho¬ 
rizing  subscrip¬ 
tions  not  inter¬ 
fered  with. 


of  the  passage  of  this  act,  and  whereby  subscriptions  are 
authorized  to  be  made  to  the  stock  of  any  such  railroad 
company,  shall  be  binding  upon  and  carried  out  by  said 
city,  municipalities  and  districts  respectively,  until  this  act 
shall  go  into  effect ;  and  thereafter  upon  and  by  said  city 
hereby  extended  and  consolidated,  upon  the  performance 
of  the  conditions,  if  any  required,  by  such  ordinance  or 
ordinances :  and  nothing  in  this  act  shall  be  so  construed 
as  to  interfere,  in  any  manner,  with  any  laws  authorizing 
subscriptions  to  be  made  by  the  city  of  Philadelphia  to 
any  railroad  company  passed  prior  to  this  act. 


iratanj'B  <Mn. 

PENNS YL  VANIA,  ss. 

I  DO  HEREBY  CERTIFY,  That  the  foregoing  and 
annexed  is  a  true  and  correct  copy  of  the  original  Act  of 
the  General  Assembly,  as  the  same  remains  on  file  in  this 
Office. 

IN  TESTIMONY  WHEREOF,  I  have 
hereunto  set  my  hand  and  caused  the  seal  of 
S&&W&  the  Secretary’s  Office  to  be  affixed,  at  Harris- 
burg,  this  Thirteenth  day  of  February,  A.  H. 
****&  One  Thousand  Eight  Hundred  and  Fifty-four. 

C.  A.  BLACK, 

Secretary  of  the  Commonivealth. 


AN  ACT 


TO  CONSTRUE  THE  ACT  OF  SECOND  FEBRUARY,  ANNO 
DOMINI  ONE  THOUSAND  EIGHT  HUNDRED  AND  FIFTY- 
FOUR,  ENTITLED  “  A  FURTHER  SUPPLEMENT  TO  THE  ACT 
ENTITLED  4  AN  ACT  TO  INCORPORATE  THE  CITY  OF  PHILA¬ 
DELPHIA.’  ” 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  Commonwealth  of  P ennsylvania 
in  General  Assembly  met ,  and  it  is  hereby  enacted  by  the 
authority  of  the  same ,  That  it  was  the  true  intent  and 
meaning  of  the  Legislature,  in  and  by  the  thirty-seventh 
Section  of  the  said  act,  and  such  is  hereby  declared  to  be 
the  construction  thereof,  that  the  estates,  incomes  and 
property  therein  mentioned,  should  be  vested  in  the  Cor¬ 
poration  of  the  city  of  Philadelphia,  and  enjoyed  by  said 
city  in  possession  on  the  organization  of  the  Councils  of 
the  said  city  to  be  elected  in  June  next,  and  that,  in  the 
meantime,  the  same  should  be  preserved  and  maintained 
uninjured,  by  the  existing  municipal  corporations,  in  whom 
the  said  estates,  incomes  and  property  were  then  vested, 
in  special  trust  for  the  new  city  government,  and  for  the 
benefit  of  all  the  inhabitants  thereof. 

Sect.  2.  And  be  it  further  enacted  by  the  authority 
aforesaid ,  It  shall  not  be  lawful  for  the  present  Corpo¬ 
ration  of  the  city  of  Philadelphia  to  tear  down,  demolish, 
or  otherwise  injure  any  real  estate,  nor  any  market  houses, 
to  which  said  Corporation  was  in  any  manner  entitled  at 
the  time  of  the  passage  of  the  said  act. 

Sect.  3.  And  be  it  further  enacted  by  the  authority 
aforesaid ,  That  it  shall  be  lawful  for  the  Supreme  Court, 
or  any  judge  thereof  in  vacation,  or  the  Court  of  Common 
Pleas,  or  District  Court  of  the  city  and  county  of  Phila¬ 
delphia,  to  give  relief,  on  the  application  of  any  tax-payer 
of  said  city  or  county,  by  injunction,  for  any  violation  of 
th6  said  Act  of  2d  February,  1854,  or  this  act. 

Passed  April  24tfA,  1854. 


Construction 
of  clause  rela¬ 
tive  to  city  pro¬ 
perty. 


Market  houses 
or  other  city 
property  not  to 
he  torn  down  or 
injured. 


Supreme  Court 
may  grant  in¬ 
junction  for  vio¬ 
lation  of. 


44 


AN  ACT 


TO  AUTHORIZE  THE  CORPORATION  OF  THE  CITY  OF  PHILA¬ 
DELPHIA  TO  MAKE  TEMPORARY  LOANS. 


Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Councils  to  au-  Representatives  of  the  Commonwealth  of  Pennsylvania 

thonze  tempo-  .  -L/~  ,  <y7  ,  f'  177 

rary  loans.  m  breneral  Assembly  met ,  and  it  is  hereby  enacted  by  the 
not  S toh authority  of  the  same ,  That  it  shall  he  lawful  for  the 
ume,°andforSofi0unc^s  °f  the  City  of  Philadelphia  to  authorize  by 
period  beyond  ordinance,  temporary  loans  of  moneys  whenever  they 

six  months.  7  7  .  A  .  mi  it  111 

To  be  passed  shall  deem  it  necessary  :  Provided ,  That  such  loans  shall 
at^stated^meet-  ^  nQ  j.*me  excee(j  [n  the  aggregate  the  sum  of  five  hundred 

j?rityyofa  The  thousand  dollars,  and  no  such  loan  shall  be  for  a  longer 
whoie^number  peri°d  than  six  months  ;  all  ordinances  for  the  purposes 
each  Council,  aforesaid,  shall  be  passed  at  stated  meetings  of  Councils, 
[  see  page  52.]  and  shall  require  for  their  adoption  the  votes  of  a  majority 
cayVasUreahzed  the  whole  number  of  the  members  of  each  Council, 
Sed  fo?PtheOPre  an(^  that  ^he  revenues  °f  said  City,  as  they  shall  be  realized, 
demption  of  said  shall  be  appropriated  to  the  redemption  of  said  loans 
respectively. 

HENRY  K.  STRONG, 
Speaker  of  the  House  of  Representatives . 
WM.  M.  HIESTER, 


Speaker  of  the  Senate. 


Approved  the  thirtieth  day  of  March,  Anno  Domini 
one  thousand  eight  hundred  and  fifty-five. 

JAS.  POLLOCK. 


Ittntarit’s  (Dffin, 

Harrisburg ,  March  30,  1855. 

PENNSYL  VANIA,  ss : 

I  do  certify  that  the  foregoing  and  annexed  is  a  true 
and  correct  eopy  of  the  original  Act  of  the  General 
Assembly  as  the  same  remains  on  file  in  this  office. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and 
caused  to  be  affixed  the  seal  of  the  Secreta¬ 
ry’s  Office  the  day  and  year  above  written. 

A.  G.  CURTIN, 
Secretary  of  the  Commonwealth . 


A 


SUPPLEMENT 

TO  THE 

ACT  CONSOLIDATING  THE  CITY  OF  PHILADELPHIA, 


Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  Commonwealth  of  P ennsylvania 
in  G-eneral  Assembly  met ,  and  it  is  hereby  enacted  by  the 
authority  of  the  same ,  That  the  Burgess  and  Council  of 
the  borough  of  Bristol  shall  appoint  one  assistant  warden  councifofBrh? 
of  the  Port  of  Philadelphia,  to  serve  as  a  Port  Warden,  on^OTtWard^a 
for  the  time  and  with  the  authority  of  those  appointed  by 
the  City  Councils. 

Sec.  2.  That  it  shall  be  the  duty  of  the  Select  and  councils  to 
Common  Councils  of  said  city  to  designate  the  place  of Sding^fec6 
holding  the  elections  in  the  several  election  divisions  of  ;  n?*ify  thy 
the  wards  in  said  city,  and  to  notify  the  sherm  thereof,  power  to  remove 
at  least  thirty  days  prior  to  the  second  Tuesday  of  Octo-  place  of  holding 
ber  next ;  and  shall  have  full  power  and  authority  to  re- electlons- 
move  or  change  the  place  of  holding  the  elections  in  any 
of  the  said  election  divisions,  whenever,  by  reason  of 
inability  to  hold  said  election  at  the  place  so  designated, 
a  change  shall  become  necessary. 

Sec.  3.  That  so  much  of  the  twenty-seventh  section  of  Repealing  so 
the  Act  of  Assembly  approved  February  second,  one  thou-  “Sn  of  Act  of 
sand  eight  hundred  and  fifty-four,  as  declares  that  the  1t8054,t^® 
Surveyors  shall  continue  in  office. during  good  behavior,  ^rems^®effi^sof 


46 


Election  of  l 
Surveyors  for  <lllu  bKlil 


cit^ntotweive  an<^  same  *s  hereby  repealed ;  and  that  the  said 
Survey  Districts^  city  of  Philadelphia  shall  be  divided  into  twelve  Survey 
Districts,  as  follows :  In  District  One  shall  be  the  First 
Ward  west  of  Broad  Street;  in  District  Two  shall  be  the 
residue  of  the  First  Ward,  the  Second  and  Third  Wards; 
in  District  Three  shall  be  the  Fourth,  Fifth,  Seventh, 
Eighth,  Ninth  and  Tenth  Wards;  in  District  Four,  the 
Thirteenth,  Fourteenth  and  Fifteenth  Wards ;  in  District 
Five,  the  Sixth,  Eleventh,  Twelfth,  Sixteenth  and  Seven¬ 
teenth  Wards;  in  District  Six,  the  Eighteenth  and  Nine¬ 
teenth  Wards;  in  District  Seven,  the  Twentieth  Ward ; 
in  District  Eight,  the  Twenty-first  Ward;  in  District  Nine, 
the  Twenty-second  Ward ;  in  District  Ten,  the  Twenty- 
third  Ward ;  in  District  Eleven,  the  Twenty-fourth  Ward, 
north  of  Market  street ;  and  District  Twelve,  the  Twenty- 
fourth  Ward,  south  of  Market  street;  and  on  the  first 
Tuesday  in  May,  one  thousand  eight  hundred  and  fifty- 
five,  the  qualified  voters  of  each  of  said  Districts  shall 
elect  one  citizen,  who  shall  have  had  five  years  experience 
in  his  profession,  to  serve  as  Surveyor  and 
yearserm  °f  five  Regulator  of  said  District  for  five  years  ;  and  whenever  a 
vacancy  shall  occur  in  said  Board  by  resignation,  death, 
expiration  of  term  of  service  or  otherwise,  it  shall  be  filled 
at  the  next  municipal  election  for  the  aforesaid  term  of 
five  years,  and  in  the  meantime  by  said  Board. 

Sect.  4.  That  the  said  twelve  Surveyors  shall  constitute 
to  constitute  a  the  Board  of  Surveyors,  and  they  shall  elect  their  President, 
a  President, ewho  who  shall  be  the  Chief  Surveyor  and  Engineer,  and  shall 
chief  surveyor  serve  f°r  five  years,  and  shall  receive  a  salary  of  three  thou- 
Saiaries  of  chief  sand  dollars  for  all  services  by  him  to  be  performed,  and  each 
Surveyors!  District  Surveyor  a  salary  of  five  hundred  dollars  for 
keeping  the  public  record  of  surveys,  and  performing  all 
services  as  a  member  of  said  Board,  and  such  fees  as  have 
An  plans,  &c.,  been  usual  or  shall  be  established  by  ordinance.  All  the 
\n  thedoffiSteif  public  plans  of  townplots  in  the  office  of  the  Clerk  of  the 
the  Board  of  Court  of  Quarter  Sessions  and  of  the  Recorder  of  Deeds, 
surveyors.  gha]i  ke  deposited  in  the  office  of  the  Board  of  Surveyors, 
Councils, under  subject  to  the  public  inspection  without  charge.  It  shall  be 
President011  of  the  duty  of  Councils,  under  the  supervision  of  the  Presi- 
Board  of  Sur-  dent  of  said  Board,  to  cause  to  be  completed  by  the  Dis- 
completed  sur-  tnct  Surveyors  m  sections  from  time  to  time,  a  survey  and 
oFthe^ltypiot  plans  of  the  city  plot  not  already  surveyed,  according  to 
veyed.readysur  the  provisions  of  the  laws  under  which  the  late  Dis¬ 
trict  of  Spring  Garden  was  surveyed,  one  copy  of 


47 


which  plans,  when  approved  by  the  Court,  shall  be  filed 
in  the  office  of  said  Board,  and  the  other  in  the  office  of 
the  proper  District  Surveyor,  and  in  like  manner  and  with 
like  approval,  existing  plans  may  be  revised  and  altered. 

Provided ,  That  the  plans  made  under  existing  contracts  P]ans  t0 
shall  be  approved  by  said  Board  before  being  returned  to  courtvlndyfiied 
Court  for  confirmation,  and  that  no  ground  shall  be  taken  in  the  office  of 
for  public  use,  under  this  act,  without  compensation  as  th  No°ground to 
provided  by  law.  The  said  Board  of  Surveyors,  under  JubifcSfwiJh* 
the  direction  of  the  Councils,  shall  have  authority  to  alter  comperfsa- 
the  lines  and  regulate  the  grades  of  any  street  or  streets  Board  of  sur- 
which  may  have  been  laid  out  upon  any  of  the  public  plans  Section  undof 
or  otherwise,  but  not  opened,  subject  to  the  exception  and  SdCi to  a alter 
approval  of  the  Court  of  Quarter  Sessions,  as  in  the  case  *^ul^es  at^ 
where  the  plans  are  originally  submitted  for  approval  and  grades  of  any 
confirmation.  _  _  SS&SSf 

Sect.  5.  That  the  Governor  is  hereby  authorized  to  Governor  to 
appoint  two  sealers  and  regulators  of  weights  and  mea-  se£&regu7a°- 
sures,  in  and  for  the  city  of  Philadelphia,  one  of  whom  tors  of  weights 
shall  have  his  office  north  of  Vine  street,  and  the  other  an  measurefc’ 
south  of  said  street ;  and  they  shall  each  perform  in  their  re¬ 
spective  Districts  the  duties  prescribed  by  law  for  the  fees 
heretofore  allowed,  the  sealing  of  each  to  be  good  and 
uniform  throughout  the  said  city. 

Sect.  6.  That  no  new  dwelling-house,  or  other  building  Dweiimg- 
within  said  city,  shall  front  upon  any  street,  alley  or  court  eSedontwen- 
which  shall  be  of  less  width  than  twenty  feet,  or  without ty  feet  streets* 
being  made  to  recede  so  that  such  street,  alley  or  court 
shall  be  of  that  width,  the  buildings  on  each  side  equally 
receding ;  the  damages  for  which  widening  shall  be  assessed 
and  paid  to  the  owner  in  manner  provided  by  law  in  case 
of  opening  new  streets.  Every  new  dwelling-house  shall  Newdweiimg- 
also  have  an  open  space  attached  to  it  in  the  rear  or  at  anopen^aceln 
the  side,  equal  to  at  least  twelve  feet  square;  and  no  build-  the  rear,  at 

.  p  i-iini  •  -,1  i  least  twelve  feet 

mg  ot  any  kind  shall  be  permitted  to  be  erected  on  any  square, 
stbeet,  court  or  alley  hereafter  to  be  laid  out,  or  if  laid 
out  and  wholly  unimproved  by  brick  or  stone  buildings 
before  the  passage  of  .this  act,  of  a  less  width  than  twenty- 
five  feet ;  and  every  builder  or  owner  who  shall  hereafter 
build  otherwise  than  as  aforesaid,  shall  pay  to  the  said 
city  one  hundred  dollars,  to  be  recovered  with  costs  as 
debts  of  that  amount  may  by  law  be  recovered,  and  shall  aforesaid 
also  be  restrained  by  injunction  from  so  building,  or  if 
having  so  built  after  the  passage  of  this  act,  from  the 


$100  and  costs 
for  building 
other  than 


48 


continuance  of  such  building  contrary  to  the  requirements 
of  this  act,  and  shall  pay  all  the  expenses  of  such  altera- 
commissioners  tions  which  the  Court  may  decree  to  he  made.  It  shall 
givf  noticJs  to  be  the  duty  of  the  Commissioners  of  Highways  to  give 
the  city  solid-  notice  to  the  City  Solicitor  of  all  violations  of  this  act, 
tions  of  this  Act.  and  if  the  building  be  made  to  conform  thereto  on  notice, 
without  suit,  one-half  the  fine  shall  be  abated. 

Councils  may  Sect.  7.  That  whenever  Councils  shall  deem  the  public 
nance  the  open-  exigency  to  demand  it,  they  may  order,  by  ordinance,  any 
street,  laid  upon  any  of  the  public  plans  of  the  city,  to  be 
thereof5  to°the  0Pened?  giving  three  months’  notice  thereof  to  the  owner, 
owner.  whereupon  any  of  the  owners  wThose  ground  will  be  taken 
Petitionnecourt  by  such  street  may  forthwith  petition  the  Court  of  Quarter 
donsfordewe^  Sessions  for  viewers  to  assess  the  damages  which  such 
to  assess  dama-  owners  may  sustain  by  the  opening  of  such  street ;  and  if 
the  same  be  not  paid  within  one  year,  may  sue  said  city 
security  to  be  for  the  recovery  thereof :  Provided ,  That  security  shall 
for  thapayr^nt  be  given  by  said  city  to  the  owner  for  the  payment  of  such 
tbredtSaIround  damages  before  his  ground  shall  be  actually  taken,  and 
is  taken.  the  city  may  indemnify  the  persons  entering  such  security ; 

and  no  proceedings  to  assess  the  damages  on  any  street 
on  such  plan  shall  lapse  by  the  delay  of  a  year  in  paying 
such  damages ;  it  shall  be  lawful  for  Councils  to  institute 
an  inquiry  as  to  persons  benefited  by  the  opening  of  any 
new  street,  and  to  withhold  appropriation  for  the  opening 
of  the  same  until  the  persons  found  to  be  benefited  shall 
have  contributed  according  to  the  benefit  to  be  derived 
therefrom  towards  the  damages  awarded  to  the  owners 
whose  ground  will  be  taken  therefor  ;  but  in  no  instance 
shall  the  contribution  exceed  the  damages  awarded  for 
the  ground  taken. 

city  to  con-  Sect.  8.  That  it  shall  be  lawful  for  said  city  to  construct 
struct  bridges.  any  bridges  that  may  be  necessary  to  carry  any  street  or 
highway  at  the  proper  grade  across  any  ravine  or  stream 
therein :  Provided ,  That  nothing  herein  contained  shall 
relieve  Councils  from  the  duty  of  constructing  a  bridge 
over  the  Schuylkill  at  Chestnut  street,  as  directed  by  law. 
charges  for  The  charges  for  culverts  and  pipes  shall  be  at  not  exceed- 
pipes.  ing  the  following  rates  per  lineal  foot,  according  to  the 

fronts  of  the  owners,  to  wit :  For  water-pipes  seventy-five 
cents,  making  the  usual  allowance  for  corner  lots ;  for 
culverts  seventy-five  cents;  and  for  street-paving,  one 
dollar  per  square  yard,  and  all  extra  or  further  charge, 


49 


and  for  intersections,  shall  be  paid  out  of  the  general 
taxation. 

Sect.  9.  That  whenever  it  shall  become  necessary  in 
the  progress  of  the  building  improvements  of  said  city, 
to  grade,  curb,  bridge,  culvert  or  pave  any  of  the  highways 
used  as  turnpikes  or  plank  roads,  it  shall  be  lawful  for 
Councils  to  agree  for  the  relinquishment  of  such  parts  Councils  to 
thereof,  as  may  be  so  required  from  time  to  time ;  and  if  ofTurnpik^or 
the  parties  cannot  agree,  to  obtain  a  jury  of  view  upon  plank'roads’etc- 
such  parts,  to  assess  the  damage  the  company  owning  the 
franchise  may  sustain,  by  the  city  using  the  same  for  said 
purposes;  such  jury  to  be  appointed,  three  by  the  Court  jury  of  view 
of  Quarter  Sessions  of  Philadelphia  county,  and  three  by  t0  be  appomted- 
such  Court  in  the  next  adjoining  county  to  which  such 
road  leads ;  and  such  viewers  shall  take  into  consideration 
whether  such  turnpike  or  plank  road  company  shall  have 
occupied  a  previous  public  highway  or  ground  purchased  No  contract  to 
by  the  company ;  Provided ,  That  no  contract  shall  be  by e  Board  of 
entered  into  by  the  Board  of  Commissioners  of  Highways  ofmiHighways5 
unless  previously  confirmed  by  the  concurrent  action  of  unless  previous- 

.,r  v  ly  confirmed  by 

Councils.  Councils. 

Sect.  10.  That  hereafter  no  railroad  company  whose  Railroads  ex¬ 
road  does  or  shall  terminate  within  the  city  of  Philadelphia  Sty^o  Submit 
shall  have  the  right  or  power  to  locate  and  construct  that  totLPBoard  of 
part  of  said  road  which  shall  extend  within  the  limits  of  Surveyors, 
said  city  without  first  submitting  the  plans  and  surveys 
thereof,  exhibiting  the  grades  and  routes  to  the  Board  of 
Survey  of  said  city,  who  shall  have  the  power  to  conform 
the  same  as  far  as  may  be  practicable  to  the  general  plan 
and  regulations  of  said  city  as  adopted  at  that  time,  and 
all  charters  authorizing  the  construction  of  any  railroad 
within  said  city  shall  be  taken  to  be  subject  to  the  above 
restriction :  Provided ,  That  this  shall  not  be  construed 
to  apply  to  any  railroad  already  graded  or  laid  with  rails 
in  said  city,  unless  the  route  or  grade  thereof  shall  be 
altered. 

Sect.  11.  That  all  bonds,  contracts  and  obligations  ah  bonds, 
heretofore  executed,  judgments  entered,  claims  filed,  and  obligations,^ 
suits  now  pending  in  the  name  of  any  department  of  said  JnureetotheSuse 
city,  formerly  having  had  a  corporate  existence,  are  de- of  the  City- 
dared  to  be  good  and  valid  and  to  enure  to  the  use  of  the 
city ;  but  no  such  department  shall  be  taken  to  have  had, 
since  the  passage  of  the  act  to  which  this  is  a  supplement, 
a  separate  corporate  existence,  and  hereafter  all  suits 
4 


50 


growing  out  of  their  transactions,  and  all  claims  to  be 
filed  for  removing  nuisances,  together  with  all  bonds, 
contracts  and  obligations,  hereafter  to  he  entered  into  or 
received  by  the  said  departments,  shall  he  in  the  name  of 
indentures  of  City  of  Philadelphia,  and  that  all  indentures  of 
byPGuarSnsPof  aPPren^ces^P  by  the  Guardians  of  the  Poor  of  the  said 
the  Poor  to  be  city  shall  he  executed  in  the  name  of  the  said  city  ;  and 
name  oftheCity.  the  assent  of  the  city  thereto,  and  to  all  contracts, 
bonds  and  obligations  entered  into  by  any  of  the  said 
departments,  shall  be  evidenced  by  the  signatures  of  the 
President  and  Secretary  of  such  department  affixed 
thereto. 

city  to  provide  Sect.  12.  That  the  City  of  Philadelphia  shall  provide 
accomodation6  r00ms  f°r  the  accommodation  of  the  juries  of  all  the 
ofNorie-ur  tQ  courts,  and  thereafter  no  empanneled  jury  shall  be 
meet  au tlvern  permitted  to  meet  at  any  tavern  or  hotel ;  the  said 
orc?tytoProvide  city  shall  also  provide  adequate  court  rooms  for  the 
preme  f°court'  Supreme  Court  of  Pennsylvania  when  sitting  in  said 
and  pay  tip-  city,  and  pay  the  tipstaves  and  crier  thereof  at  such 
thereof.  rate  per  day  during  their  actual  service  as  said  court  may 
fix. 


Public  adver¬ 
tising  to  be  in¬ 
serted  not  more 
than  three  times 
in  three  daily 
newspapers,  and 
the  rates  there¬ 
of. 


Charges  of  ad¬ 
vertising  delin¬ 
quent  tax  pay¬ 
ers. 


Councils  not 
o  impose  taxes 
pon  rural  por- 
ions  of  the  city, 
>r  police, watch  - 
len,  lighting 
nd  paving  and 
leaning  streets. 


Sect.  13.  That  all  the  public  advertising  for  said  city, 
except  for  municipal  claims,  whether  for  elections,  taxes 
or  otherwise,  shall  be  inserted  in  no  more  than  three 
daily  newspapers,  nor  more  than  three  times  in  each,  nor 
shall  there  be  paid  for  the  same  any  greater  rates  than 
those  advertised  in  such  papers  to  be  paid  by  the  citizens, 
and  the  Controller  shall  pass  no  bill  for  advertising  other¬ 
wise  done ;  the  charge  for  advertising  delinquent  tax 
payers  shall  not  exceed  thirty-seven  cents  for  all  adver¬ 
tising  of  each  name  in  any  one  ward,  which  shall  be  pay¬ 
able  by  the  person  liable  for  the  tax,  but  if  any  names  of 
persons  shall  be  advertised  as  delinquent  in  the  payment 
of  taxes  that  had  been  paid,  the  Receiver  shall  pay  the 
expense  thereof.  The  Councils  shall  not  impose  taxes  upon 
rural  portions  of  the  city,  for  police  and  watchmen,  for 
lighting  and  paving,  and  cleaning  streets,  and  shall  make 
an  allowance  therefor  of  at  least  one-third  of  the  whole 
city  tax  in  favor  of  such  section,  and  any  greater  rate 
than  aforesaid  assessed  or  paid  for  the  present  year  shall 
be  remitted  or  refunded. 

Sect.  14.  That  as  soon  as  the  City  Commissioners 
shall  place  the  duplicates  of  taxes  in  the  hands  of  the 
Receiver,  he  shall  cause  his  clerks  to  make  out  bills 


51 


against  the  tax  payers,  so  that  all  persons  indebted  for 
taxes  may  have  their  bills  by  the  first  day  of  July  in  Tax®ecte0iVmake 
each  year,  and  the  same  to  be  delivered  at  a  cost  not  out  bms  against 
exceeding  one  cent  for  all  persons  served  within  two  the  ?sty5*juiy 
miles  of  the  office,  and  one  and  a  half  cents  for  all  more  111  each  year* 
distant,  for  making  such  delivery,  the  expense  whereof 
shall  be  charged  to  the  city :  Provided ,  That  all  pro¬ 
perties  owned  by  one  person,  or  belonging  to  any  one 
estate  in  any  one  ward,  shall  be  included  in  the  same 
bill. 

Sect.  15.  That  it  shall  not  be  lawful  for  the  Receiver 
of  Taxes  to  place  any  warrant  against  delinquent  tax  TaXeJeiVbefo?? 
payers  into  the  hands  of  any  constable,  until  such  con-  p^gns 
stable  shall  have  given  security,  by  bond  and  warrant,  delinquent  tax 
with  two  sufficient  sureties,  to  the  satisfaction  of  the  hand?  of  an? 
Court  of  Quarter  Sessions,  in  the  sum  of  five  thousand  reqSre^ecuray 
dollars,  nor  have  in  the  hands  of  any  constable  at  any  ^esuch  cou‘ 
one  time  warrants  for  a  greater  amount  of  taxes  than  the 
amount  of  such  bond,  and  such  constable  shall  make  re¬ 
port  and  payment  of  all  his  collections  on  such  warrants 
at  least  once  in  every  week,  after  they  shall  have  been 
issued  to  him.  And  all  taxes  unpaid  on  the  first  day  of  on  SeistS^of 
January  after  the  year  for  which  they  were  assessed,  shall  be?ruaryintSS 
bear  interest  until  paid,  besides  the  commissions  thereon  until  Paid- 
for  collection. 

Sect.  16.  That  every  alderman  or  constable  wdio  shall 
not  have  made  report  and  payment  over  to  the  Receiver 
of  Taxes  of  all  taxes  received  by  him  for  each  successive  co^Merm^en  ^or 
month  after  he  shall  have  received  any  taxes  or  warrants  non-payment  of 
to  collect  taxes,  shall  be  proceeded  against  as  is  provided  cefv^Vtob^pro- 
by  law  in  respect  to  delinquent  tax  collectors,  under  the  ceeded  against- 
Act  of  the  twenty-eighth  of  February,  one  thousand 
eight  hundred  and  thirty-five,  a  supplement  to  the  act 
relating  to  county  rates,  et  cetera,  except  that  the  certifi¬ 
cate  therein  required  to  be  filed  by  the  County  Commis¬ 
sioners  shall  be  filed  by  the  Receiver  of  Taxes,  the  Trea¬ 
surer  and  Controller  of  the  City  of  Philadelphia,  or  a 
majority  of  them. 

Sect.  IT.  That  any  alderman  or  constable  who  shall  Aldermen  0r 
have  made  default  on  the  payment  over  of  any  taxes  col-  constables  who 
lected  by  him,  as  required  by  law,  shall  cease  to  be  aU-  shall  cease  "to 
thorized  to  receive  any  more  taxes,  and  notice  thereof  Mce?ye°ritSes? 
shall  be  published  by  the  Receiver  of  Taxes  in  three  daily  gashed11  by 
papers  three  times ;  nor  shall  he  be  capable  of  drawing  the  Receiver  of 


52 


Taxes  in  three  any  salary  or  other  dues  from  the  city  until  he  shall  have 
three  times?ers  fully  paid  up  the  amount  of  his  collections.  It  shall  he 
lawful  for  the  Receiver  of  Taxes  to  administer  oaths  and 
affirmations  to  all  persons  who  may  he  authorized  or  re- 
Taxes  to  admi-  quired  to  make  oath  or  affirmation  in  relation  to  the  col- 
mster  oaths,  &c.  ]ection  0f  taxes  or  other  revenue  payable  to  said  Re¬ 
ceiver. 

Sect.  18.  That  it  shall  and  may  he  lawful  for  the  Coun¬ 
cils  of  Philadelphia  to  enact  an  Ordinance  providing  for 
providTfor^hl  the  Inspection  of  all  Leaf  Tobacco,  of  domestic  growth, 
Leaf  Tobacco  °f  received  at  that  P0I>t,  to  be  sold  by  sample,  for  establish¬ 
ing  the  fee  for  charges  for  inspection  and  sampling,  and 
storage,  and  imposing  penalties  for  any  violation  of  the 
'  same. 

Sect.  19.  That  it  shall  be  lawful  for  Councils  to  au- 
authorize  tem-  thorize,  by  Ordinance,  temporary  loans  of  moneys,  when- 
SrSnce?ns  by  ever  the y  shall  deem  it  necessary  :  Provided ,  That  such 
temporary  loans  shall  at  no  time  exceed  in  the  aggre¬ 
gate  the  sum  of  five  hundred  thousand  dollars,  and  no 
such  loan  shall  be  for  a  longer  period  than  four  months, 
such  ordm-  Any  suc^  Ordinance  shall  be  introduced  at  a  stated  meet- 
anCje  jo  bCf  in- ing  0f  the  Common  Council,  and  shall  require  on  its  final 
stateTmeeUng,  passage  a  vote  of  two-thirds  of  the  whole  number  present 
Kdpaffledirbyta  °f  the  members  of  Common  Council;  it  shall  then  be 
thirds  °of  tthe’  transmitted  to  Select  Council  for  their  consideration,  and 
whole  number  at  the  next  stated  meeting  thereafter,  the  Select  Council 
pieteent‘  may  consider  the  same,  and  it  shall  in  like  manner  re¬ 
quire  a  vote  of  two-thirds  of  the  \£hole  number  of  the 
members  of  the  Select  Council. 

Sect.  20.  That  no  contract  for  the  construction  of  any 
for  thebu^whfg  new  building,  school  house,  bridge,  culvert,  new  paving  of 
bddgefcuWeSi  streets,  redemption  of  the  tolls  of  any  turnpike  or  plank 
new°paving,  or  road,  to  be  paid  for  by  the  city,  shall  become  binding 
S?toiisof  any  thereon  without  an  Ordinance  therefor  duly  enacted.  No 
p?Mklkroad,  to  contract  shall  be  made  by  the  head  of  any  department 
outmaane  oTdin- ^or  work  or  materials  for  the  city,  unless  for  objects 
ance  therefor,  authorized  by  Councils,  and  if  for  new  work,  the  contract 
and  sureties  be  approved  by  the  City  Solicitor  and  Coun- 
No  contract  c^s>  an(^  the  supervision  of  Councils  shall  extend  to 
shall  be  made  adjudge  the  character  of  all  work  and  materials  done  and 
of  any e  de^ar?- furnished  for  the  City,  and  to  the  scrutiny  of  the  accounts 
S>jectsUnautho0r-  an(t  vouchers  therefor ;  but  such  supervision  and  scrutiny 
ized  by  Coun-  shall  in  no  wise  relieve  the  Controller  from  the  performance 
of  the  like  duty  in  respect  to  such  accounts  and  vouchers. 


53 


Sect.  21.  That  no  appropriation  shall  he  made  of  the 
moneys  of  the  city  without  an  ordinance  therefor,  expres.- 
sing  the  objects  thereof  and  the  amount  appropriated  for 
each  object.  It  shall  he  the  duty  of  the  Mayor  to  keep 
a  register  of  the  amount  and  objects  of  all  appropriations, 
and  to  withhold  his  signature  for  all  new  constructions 
and  redemption  of  tolls  as  aforesaid,  until  all  the  interest 
accruing  on  the  Loans  of  the  City,  and  the  principal  of 
those  becoming  due,  and  the  ordinary  and  necessary  ex¬ 
penses  of  the  city  and  the  administration  of  justice  in 
the  county  shall  be  adequately  provided  for ;  and  without 
his  signature  any  ordinance  therefor  shall  not  go  into 
effect.  It  shall  be  a  misdemeanor  in  office  for  the  Con¬ 
troller  of  the  city  to  pass,  or  the  Treasurer  of  the  city 
to  pay  any  bill  or  order  for  any  object  not  authorized 
by  law. 

Sect.  22.  That  it  shall  be  lawful  for  the  City  of  Phila¬ 
delphia,  as  rapidly  as  purchasers  can  be  procured  without 
a  sacrifice  of  price,  to  make  public  sale  and  conveyance 
of  the  public  halls,  lots  and  real  estate  vested  in  the  said 
city,  not  held  upon  any  trust  and  not  required  for 
authorized  public  purposes,  and  to  apply  the  proceeds 
in  discharge  of  the  city  debts,  and  if  ground  rents 
be  reserved,  to  sell  and  convey  the  same  for  said  pur¬ 
poses. 

Sect.  23.  That  all  policemen  shall  be  allowed,  with  the 
permission  of  the  Mayor,  to  receive  any  rewards  or 
gratuities  which  may  be  offered  them  by  persons  or  insti¬ 
tutions,  who  may  consider  themselves  benefited  by  their 
extra  services ;  Provided ,  the  same  shall  not  have  been 
asked  for  or  promised  before  the  service  was  rendered  to 
them  personally. 

Sect.  24.  That  the  Chief  Commissioner  of  Highways 
and  the  Commissioners  of  Highways  shall  constitute  a 
Board,  of  which  the  Chief  Commissioner  shall  be  Presi¬ 
dent,  for  the  transaction  of  all  business  relative  to  high¬ 
ways,  under*  the  Ordinance  of  Councils  creating  the 
Department  of  Highways,  or  any  Ordinance  that 
Councils  may  hereafter  pass ;  and  said  Board  shall, 
at  the  expiration  of  the  terms  of  office  of  the  present 
Supervisors,  recommend  to  the  Mayor,  three  suitable 
persons  in  each  Supervisor’s  District,  from  whom  the 
Mayor  shall  appoint  one  person  to  act  as  Supervisor. 


No  appropria¬ 
tion  of  moneys 
to  be  made 
without  an  or¬ 
dinance  there¬ 
for. 


The  Mayor  to 
keep  a  register 
of  the  amount 
and  objects  of 
the  appropria¬ 
tions. 


Misdemeanor 
in  office  for  the 
Controller  to 
pass  or  the 
Treasurer  to 
pay  any  bill  not 
authorized  by 
law. 


The  City  of 
Philadelphia  to 
sell  the  public 
halls,  lots  and 
real  estate  of 
the  city  as  ra¬ 
pidly  as  possi¬ 
ble. 


Policemen  al¬ 
lowed  to  receive 
rewards  or  gra¬ 
tuities. 


Chief  Commis¬ 
sioner  and  the 
Commissioners 
of  Highways  to 
form  a  Board,  of 
which  the  Chief 
shall  be  Presi¬ 
dent. 


They  shall  re¬ 
commend  to  the 
Mayor  three  per¬ 
sons  in  each  Su¬ 
pervisory  dis¬ 
trict  for  appoint¬ 
ment,  the  Mayor 
to  appoint  one. 


54 


Sect.  25.  That  whenever  the  voters  of  any  ward  shall 
AidS-man^Jbe  require,  by  a  majority  of  votes,  an  additional  Alderman, 
wd  whenever  any  genera,l  or  'municipal  election,  such  voters  may 
a  majority  of  vote  for  such  additional  Alderman  at  the  succeeding 
so  determine!^1  municipal  election,  who  shall  thereupon  be  duly  commis¬ 
sioned  as  such  Alderman.  It  shall  be  lawful  for  any 
Alderman  or  Justice  of  the  Peace,  or  Constable  in  said 
city,  to  receive  fees  in  criminal  or  penal  cases,  but  said 
Aldermen  or  costs  an4  penalties  shall  be  paid  over  to  the  City  Trea- 
justices  of  the  surer  monthly,  under  like  penalties  as  in  the  payment  of 

x  cftCG  or  (Jon-  /  j.  it/ 

stable?,  to  re-  taxes.  It  shall  be  the  duty  of  police  officers  to  serve 
criminaieeor  pT-  writs  of  summons  and  capias,  for  the  violation  of  all  penal 
nai  cases.  and  criminal  acts  and  ordinances  issued  by  the  Mayor  or 
Police  Aldermen,  within  the  City  of  Philadelphia,  the 
costs  for  which  shall  be  received  and  paid  into  the  trea¬ 
sury  as  aforesaid. 

»  Sect.  26.  That  the  portion  of  the  Third  Congressional 

gressionai  Dis-  District  now  embraced  within  the  limits  of  the  Twenty- 
ward  attached  third  Ward,  be  and  the  same  is  hereby  attached  to  the 
tothei9thward.  Nineteenth  Ward,  and  the  voters  resident  therein,  shall 
vote  at  the  precinct  house  of  the  said  Congressional  Dis¬ 
trict  to  which,  by  this  act,  they  are  attached. 

Sect.  27.  That  all  sum  or  sums  of  money  accruing  to 
othe^officS1  re-  and  being  in  the  hands  of  any  Alderman,  or  other  officer, 
ceiving  any  mo-  arising  from  the  violation  of  any  ordinance,  forfeited  re- 

ney  for  violation  .  °  r  r  .  .  c  '  i  n  i 

of  any  ordm-  cognizance,  or  lor  any  other  violation  ot  law,  shall  be 
same  o^o the  returned  to  and  paid  over  to  the  City  Treasurer  on  the 
evSy  monthrer ^rst  ea°h  an4  every  month;  .and  any  such  Alderman 
or  other  officer  neglecting  or  refusing  to  make  return, 
and  pay  over  as  aforesaid,  shall  be  deemed  guilty  of  a 
misdemeanor  in  office,  and  be  proceeded  against  in  like 

school  Direc- manner  as  f°r  other  misdemeanors, 
tors  not  pre-  Sect.  28.  That  nothing  contained  in  the  act  to  which 
howfng  anyT  this  is  a  supplement,  shall  prevent  School  Directors  from 
mpnt.r  appoint"  holding  any  other  office  or  appointment. 

Sect.  29.  That  the  said  Councils  may  provide  for  the 
Councils  may  payment  of  the  expenses  incurred  for  the  plans,  estimates, 

provide  for  the  ±  j  _  i  1  ,  3 ' 

necessary  ex-  and  other  necessary  purposes,  by  the  Board  ot  Managers 
Board  of  m2  of  the  House  of  Correction  and  Employment  for  the  City 
Ehfuse  o?  cor6-  °f  Philadelphia,  upon  the  production  by  said  Board,  of 
rection.  the  proper  accounts  and  vouchers  therefor. 

Sect.  30.  6That  Fifth  street,  northward  from  York 
street,  shall  be  widened  upon  the  plan  of  streets,  to  100 


55 


feet,  taking  an  equal  quantity  of  ground  from  each 
side:  Provided ,  That  the  26th  section  of  this  act  shall 
not  go  into  effect  until  the  second  Tuesday  in  October, 
A.  D.  1855. 

HENRY  K.  STRONG, 
Speaker  of  the  House  of  Hepresentatives. 

WM.  M.  HIESTER, 

Speaker  of  the  Senate . 

Approved  the  twenty-first  day  of  April,  Anno  Domini 
one  thousand  eight  hundred  and  fifty-five. 

JAS.  POLLOCK. 


Harrisburg ,  April  21,  1855. 

PENNSYLVANIA,  ss. 

I  do  hereby  certify  that  the  foregoing  and  annexed  is  a  true 
and  correct  copy  of  the  original  Act  of  the  General  Assembly 
as  the  same  remains  on  file  in  this  office. 

In  testimony  whereof,  I  have  hereunto  set  my  hand,  and 

•  caused  to  be  affixed  the  seal  of  the  Secretary’s 
^  Office  the  day  and  year  above  written. 

?  JOHN  M.  SULLIVAN, 

******  Pep.  Sec.  of  Commonwealth. 


Fifth  street, 
northward  from 
York  street,  to 
be  widqped. 


